State v. Marshall’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The FSRA charge simply does not require the State to prove conduct constituting an offense for which Marshall has been previously convicted. Although in the FSRA case the State must prove some of the elements of the DWI conviction: that Marshall was driving an automobile, that he struck the complainant, and that the complainant was injured, these elemental facts alone do not constitute an offense for which Marshall has been previously convicted. Unless the State is required to prove every element of DWI, including Marshall’s intoxication, as a prerequisite to a conviction in the FSRA charge, the successive prosecutions are not for the “same offense” as defined under the Double Jeopardy Clause’s second guarantee.”

   1 later decision quote this exact passage
   e.g. State v. Remsing

2. “[T]he Double Jeopardy Clause bars any subsequent prosecution in which the government, to establish an essential ele ment of an offense charged in that prosecution, will prove conduct that constitutes an offense for which the defendant has already been prosecuted. This is not an “actual evidence” or “same evidence” test. The critical inquiry is what conduct the State [of New York] will prove, not the evidence the State [of New York] will use to prove that conduct.”

   1 later decision quote this exact passage
   e.g. Ex Parte Lowery

3. “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.”

   1 later decision quote this exact passage
   e.g. Gentry v. State