Todd v. State’s Empirical Analysis

Citation profile

24 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Applying the Whitton test, we conclude that felony murder and robbery are not the same offense for double jeopardy purposes; therefore, [Todd’s separate convictions] are allowable. The statutes differ significantly in the intent and conduct required; the most obvious difference is the requirement under the felony-murder statute that someone have been killed. Moreover, as we discussed above, the statutes also protect different societal interests. The felony-murder statute protects against the loss of human life. “In contrast, the basic rationale of the robbery statute is protection against the terror of forcible taking.””

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

2. “This court is free to interpret the state constitutional provision as it sees fit, so long as the interpretation does not undermine the minimum protections established by the United States Supreme Court in decisions interpreting the federal constitution.”

   1 later decision quote this exact passage
   e.g. Doe v. State, Department of Public Safety

3. “the role of the Double Jeopardy Clause is limited to protecting a defendant against receiving more punishment than the legislature intended.”

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