Vineyard v. State’s Empirical Analysis
1998
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently December 2019 · most notably Commonwealth v. Davidson (2007), Vick v. State (1999)
34 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 Blockburger v. United States · New York v. Ferber · Bell v. United States · Sanabria v. United States · Barrett v. United States
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Each film image must be considered independently in determining the applicability of an affirmative defense. The Legislature would not have structured the provision such that the film images are to be considered individually for purposes of determining the applicability of a given affirmative defense, but collectively for purposes of determining the ‘units of prosecution.’ It follows that a defendant may commit more than one offense when he possesses more than one film image, whether the multiple film images are the same or different types. Nothing in this case suggests that the two images possessed are of the same children. Having possessed two separate film images, appellant committed two separate offenses.”
1 later decision quote this exact passage · from the dissente.g. Ex Parte Gonzalez“that visually depicts a child engaging in sexual conduct. In reversing the defendant's second conviction for violation of the double jeopardy clauses, the appellate court found that the legislature did not intend that the simultaneous possession of more than one film image created more than one unit of prosecution. The court relied, in part, on § 43.26(f) of the Texas penal code, which provided that a person possessing”
1 later decision quote this exact passage · from the majoritye.g. State v. Kujawa“precisely applicable” to cases where the defendant’s conduct violates one statutory provision more than once. Id. at 836 n. 5. Such was the case in Vineyard and is the case here. Nonetheless, we conclude that Elliott’s convictions do not violate Blockburger . If the same act violates one statutory provision more than once, a subsequent prosecution is not barred by double jeopardy if each offense”
1 later decision quote this exact passage · from the majority
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.