Firestone v. State’s Empirical Analysis
2005
Citation profile
11
cited by 11 later decisions
1
states following
May 2019
most recently cited
11 state decisions
Relationships
Relies on Blakely v. Washington · Smylie v. State · Cox v. State · Alspach v. State · Avant v. State
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The purpose [of the continuous crime doctrine] is to prevent the State from charging a defendant twice for the same continuous offense.”
2 later decisions quote this exact passage“In reviewing sufficiency of the evidence claims, we will not reweigh the evidence or assess the credibility of the witnesses. We will consider only the evidence most favorable to the judgment, together with all reasonable and logical inferences to be drawn therefrom. The conviction will be affirmed if there is substantial evidence of probative value to support the conviction of the trier of fact. To establish that the defendant is an habitual offender, the State must prove beyond a reasonable doubt that the defendant has been previously convicted of two separate and unrelated felonies. 1.C. § 35-50-2-8 (West's 2004). To be "unrelated," the commission of the see-ond felony must be subsequent to the sentencing for the first, and the sentencing for the second felony must have preceded the commission of the current felony for which the enhanced sentence is being sought. Failure to prove the proper sequencing requires that the habitual offender determination be vacated.”
1 later decision quote this exact passagee.g. Parks v. State“[D.K.] said [Heckard] 'made me stick my mouth on his private... and then he stuck his mouth on my private.' " Appellant's Br. p. 34 (emphasis added). This is similar to the argument made in Firestone , that, "because both offenses occurred in a relatively short period of time and in the same bedroom, [Firestone's] continuous actions should [have] prevent[ed] him from being convicted of two crimes.”
1 later decision quote this exact passage
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.