799 So. 2d 453 - State v. Murray’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “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. (citations omitted).”

   5 later decisions quote this exact passage · from the majority
   e.g. 137 So. 3d 736 - State v. Morrison · 195 So. 3d 1242 - State v. Parker

2. “The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Gibson · 249 So. 3d 142 - State v. Sandifer

3. “when different acts violate the same statute, the test of whether the offender has committed one or several offenses simply “is whether the individual acts are prohibited, or the course of action which they constitute. If the former, then each act is punishable separately. * * * If the latter, there can be but one penalty.””

   1 later decision quote this exact passage · from the majority
   e.g. 137 So. 3d 736 - State v. Morrison