Stephens v. State’s Empirical Analysis
1991
Citation profile
2 federal appellate · 106 state decisions
How this case has been cited
Cited by 113 later decisions — most recently April 2017 · most notably Malik v. State (1997), Bauder v. State (1996)
2 federal appellate · 106 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · Chapman v. State of California · Blockburger v. United States · North Carolina v. Pearce · Burks v. United States
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... when a defendant has obtained a reversal of a conviction for a greater offense solely on the ground that there was insufficient evidence to prove the aggravating element of that offense, the Double Jeopardy Clause bars a subsequent prosecution for the lesser included offense.”
2 later decisions quote this exact passage · from the concurrence“the rights conferred on a criminal accused by the Double Jeopardy Clause would be significantly undermined if appellate review of double jeopardy claims were postponed until after conviction and sentence. To be sure, the Double Jeopardy Clause protects an individual against being twice convicted for the same crime, and that aspect of the right can be fully vindicated on an appeal following final judgment.... However, this Court has long recognized that the Double Jeopardy Clause protects an individual against more than being subjected to double punishments. It is a guarantee against being twice put to trial for the same offense.”
1 later decision quote this exact passagee.g. Ex parte Walker“true finding of the fact finder”) (internal quotes omitted); Stephens, 806 S.W.2d at 821 (McCormick, J., dissenting) ("Had Harón Stephens been tried for aggravated rape and a jury had found him not guilty, then I might agree that the State could not retry him for the lesser included offense of rape. But that is not what happened to Stephens. Stephens was tried and a jury found him guilty of aggravated rape. In finding him guilty of this greater offense, the jury necessarily found Stephens guilty of the lesser included offense of rape.”
1 later decision quote this exact passage · from the dissente.g. Haynes v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.