State v. Barakat’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “| (¡If the evidence required to support a finding of guilt of one crime would also have supported the conviction of another, the two are the same offense under a plea of double jeopardy, and a defendant can be placed in jeopardy for only one. The test depends on the evidence necessary for conviction, not all the evidence introduced at trial. ⅝ ⅜ ⅜ The “same evidence test” is somewhat broader in concept than Bloekburger, the central idea being that one should not be punished (or put in jeopardy) twice for the same course of conduct.”

   4 later decisions quote this exact passage
   e.g. State v. Brown · State v. Smith

2. “Factors to be considered in determining whether a defendant exercised dominion and control sufficient to constitute constructive possession include his knowledge that drugs were in the area, his relationship with the person found to be in actual possession, his access to the area where the drugs were found, evidence of recent drug use, and his physical proximity to the drugs.”

   1 later decision quote this exact passage
   e.g. State v. Brown

3. “each crime requires proof of an additional fact which the other does not.”

   1 later decision quote this exact passage
   e.g. State v. Brown