State v. Gibson’s Empirical Analysis
2004
Citation profile
8
cited by 8 later decisions
1
states following
July 2017
most recently cited
8 state decisions
Relationships
Relies on Blockburger v. United States · North Carolina v. Pearce · 387 So. 2d 1175 - State v. Steele · 555 So. 2d 1331 - State v. Augustine · State v. Vaughn
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Double jeopardy exists in a second trial only when the charge in that trial is: (1) Identical with or a different grade of the same- offense for which the defendant was in jeopardy in the first trial, whether or not a responsive verdict could have been rendered in the first trial as to the. charge in the second trial; or (2) Based on a part of a continuous offense for which offense the defendant was in jeopardy in the first trial.”
2 later decisions quote this exact passage“In State v. Augustine, 555 So.2d 1331 (La.1990), the Supreme Court held that the trial court’s failure to observe the twenty-four hour delay did not constitute harmless error, even if the defendant did not raise that issue as error on appeal, where the defendant challenged his sentence on appeal. In the present case, defendant does not challenge his sentence and he does not raise as error the failure of the trial court to wait twenty-four hours before imposing sentence. Therefore, this error is harmless.”
1 later decision quote this exact passage“If a defendant is convicted of a.felony, at least three days shall elapse between conviction and sentence. If a motion for a new trial, or in arrest of judgment, is filed, sentence shall not be imposed until at least twenty-four hours after the motion is overruled. If the defendant expressly waives a delay provided for: in this article or pleads guilty, sentence may be imposed immediately.”
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.