State v. Gautier’s Empirical Analysis
2005
Citation profile
1 federal appellate · 16 state decisions
How this case has been cited
Cited by 17 later decisions — most recently August 2023
1 federal appellate · 16 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
Relies on Gagnon v. Scarpelli · 51 Cal. 3d 335 - Lucido v. Superior Court · 93 Wash. 2d 268 - State v. Dupard · State v. McDowell · State v. Williams
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] probation-revocation hearing is considered a continuation of the original prosecution for which probation was imposed — in which the sole purpose is to determine whether a criminal defendant has breached a condition of his existing probation, not to convict that individual of a new criminal offense. State v. Bourdeau, 448 A.2d 1247, 1248 (R.I.1982). Consequently, it is black letter law that jeopardy does not attach to probation-revocation proceedings, because “ ‘these proceedings are not designed to punish [criminal defendants] for violation of a criminal law.’ ” Hardy v. United States, 578 A.2d 178, 181 (D.C.1990) (quoting Eighteenth Annual Review of Criminal Procedure, 77 Geo. L.J. 489 , 880 (1989)). See [State v.] Chase, 588 A.2d [120], 122 [(R.I.1991)] (“a defendant is not twice placed in jeopardy for the same offense when the facts litigated at [a probation-revocation] hearing are later used to support a criminal prosecution”).”
1 later decision quote this exact passagee.g. Ubben v. O.F.“The fact that applicant was twice placed in risk of punishment, however, does not mean that he had been subjected to double jeopardy. The double jeopardy proscription of the Fifth Amendment to the United States Constitution protects an accused against being twice placed in jeopardy of punishment for 'the same offence.'”
1 later decision quote this exact passage“jeopardy does not attach in 'parole, probation, or bond revocation hearings, because these proceedings are not designed to punish a defendant for a violation of a criminal law”
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.