778 So. 2d 569 - State v. Cotton’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Double jeopardy exists in a second trial only when the charge in that trial is: (1) Identical with or a different grade of the same offense for which the defendant was in jeopardy in the first trial, whether or not a responsive verdict could have been rendered in the first trial as to the charge in the second trial; or (2) Based on a part of a continuous offense for which offense the defendant was in jeopardy in the first trial.”

   2 later decisions quote this exact passage
   e.g. State v. Gross · 104 So. 3d 701 - State v. Brumfield

2. “If the evidence required to support a finding of guilt of one crime would also have supported conviction of the other, the two are the same offense under a plea of double jeopardy, and a defendant can be placed in jeopardy for only one. The test depends on the evidence necessary for conviction, not all the evidence introduced at trial.”

   2 later decisions quote this exact passage
   e.g. 34 So. 3d 434 - State v. ARCHIELD · 924 So. 2d 1159 - State v. Williams

3. “This Court has not yet addressed the extent [sic] to what extent [La. C.E.] Article 1104 and the burden of proof required by the federal rules, as interpreted in Huddleston v. United States, 485 U.S. 681 , 108 S.Ct. 1496 , 99 L.Ed.2d 771 (1988), has affected the burden of proof required for the admissibility of other crimes evidence.”

   1 later decision quote this exact passage · from the dissent
   e.g. 925 So. 2d 34 - State v. Rose