Banther v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Unlike the statute defining the crime of [possession of a deadly weapon during the commission of a felony (“PWDCF”)], Section 1448(a) contains no requirement of temporal possession. The PWDCF statute prohibits weapon possession during the felony. In contrast, Section 1448(a) makes it a crime for a prohibited person to possess a weapon or ammunition at any time. Therefore, under Section 1448(a), the State need only prove that a defendant possessed or controlled a weapon at some point, not necessarily at the time of his arrest. That conclusion is supported by cases in other jurisdictions, holding that proof of physical accessibility at the time of arrest is not required in order to sustain a conviction for possession of weapons or ammunition by a person prohibited.”

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

2. “To fully implement the collateral estop-pel effects of the conspiracy acquittal and to protect Banther’s Constitutional right against double jeopardy, the trial judge should have limited the State to arguing that Banther’s actions alone, independent of any agreement or “working with” Schmitz, constituted “counseling]” or “attempt[ing] to aid” Schmitz. In his jury instructions, furthermore, the trial judge should have accounted for the earlier acquittal by tailoring the jury charge to exclude any reference to a bilateral agreement between the parties. The earlier jury finding that Banther and Schmitz did not agree in advance to kill Ravers — a finding implicit in the conspiracy acquittal — removed that issue from the jury’s consideration at the second trial. 19”

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

3. “Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution in a court having jurisdiction over the subject matter of the second prosecution under the following circumstances: ... The former prosecution was terminated by an acquittal ... [that] necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense. [11]”

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