State v. Fix’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In legal parlance, a homicide is “[t]he killing of one person by another.” Black’s Law Dictionary 739 (7th ed.1999). An “offense” is another word for a crime. Id. at 1108. “Kill” means “to put to death.” American Heritage Dictionary 701 (2nd ed.1985). It follows that a homicide offense would include any crime that involved one person putting another person to death. Because section 726.6 requires proof of a knowing, intentional, or willful act of endangerment that results in.the death of a child (see Iowa Code § 726.6 (l)(a)-(h)), we conclude it constitutes a homicide offense as contemplated by the Wissing court. Our conclusion is bolstered by the fact that the legislature deemed child endangerment resulting in death so grave an offense that it designated the crime as a class “B” felony and assigned a fifty-year prison term. Cf. State v. Halliburton, 539 N.W.2d 339, 344 (Iowa 1995) (considering length of sentences in deciding whether legislature intended multiple punishments).”

   1 later decision quote this exact passage
   e.g. Philip Dean Termaat, Applicant-Appellant v. State of Iowa

2. “Under Iowa law, when a defendant is convicted of separate homicide counts involving a single victim, judgment can be entered and sentence can be imposed for only one homicide offense. State v. Wissing, 528 N.W.2d 561, 567 (Iowa 1995) (setting aside conviction for involuntary manslaughter where defendant was also convicted of vehicular homicide but only one death occurred); State v. Gilroy, 199 N.W.2d 63, 68 (Iowa 1972) (annulling conviction of premeditated murder because life sentences for felony murder and premeditated murder constituted impermissible double punishment). In holding that a defendant who kills one person cannot be convicted and sentenced for two separate homicides, Iowa follows the prevailing view among state courts. See Ex parte Rice, 766 So.2d 143, 151-52 (Ala.1999) (collecting cases); Ervin v. State, 991 S.W.2d 804, 807-09 (Tex.Crim.App.1999) (same).”

   1 later decision quote this exact passage
   e.g. Philip Dean Termaat, Applicant-Appellant v. State of Iowa

3. “We annul the judgment and sentence on Fix's conviction for involuntary manslaughter and remand for resentencing to eliminate the sentence for that offense.”

   1 later decision quote this exact passage
   e.g. Brett Noble v. Iowa District Court for Muscatine County