Perry v. State’s Empirical Analysis

Citation profile

1 federal appellate · 8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[W]here ... a person has been tried and convicted for a crime which has various incidents included in it, he cannot be a second time tried for one of those incidents without being twice put in jeopardy for the same offense.” In re Nielsen, 131 U.S. 176, 188 , 9 S.Ct. 672, 676 , 33 L.Ed. 118 (1889). Although in this formulation the conviction of the greater precedes the conviction of the lesser, the opinion makes it clear that the sequence is immaterial. Thus the Court treated the formulation as just one application of the rule that two offenses are the same unless each requires proof that the other does not.” (Citation omitted)”

   1 later decision quote this exact passage · from the majority
   e.g. Perry v. State

2. “It is abundantly clear that a defendant cannot be convicted of both felony-murder and the underlying felony.”

   1 later decision quote this exact passage · from the majority
   e.g. POSEY v. STATE