Ex Parte Brosky’s Empirical Analysis
1993
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently October 2011
6 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
Applies 18 U.S.C. § 2 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act)
Relies on Blockburger v. United States · North Carolina v. Pearce · Benton v. Maryland · Pereira v. United States · United States v. Dixon
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission; (3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or (4) it consists of an attempt to commit the offense charged or an otherwise included offense.”
1 later decision quote this exact passagee.g. Brosky v. State“(a) A person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination ... he commits or conspires to commit one or more of the following: (1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle;”
1 later decision quote this exact passagee.g. Brosky v. State“then and there knew of the intent, if any, of the said William George Roberts, III, to commit the murder of the said Donald Thomas, and that the defendant acted with intent to promote or assist the commission of the offense by encouraging, directing, aiding or attempting to aid William George Roberts, III, to commit the offense of murder of the said Donald Thomas....”
1 later decision quote this exact passagee.g. Brosky 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.