Patterson v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under Gonzalez, the critical question is not whether the defendant raised the double jeopardy issue in the trial court, but whether the record before the appellate court clearly reflects a double jeopardy violation. If a double violation is clearly apparent, the defendant will prevail on appeal; if a double jeopardy violation is not apparent, the defendant’s claim fails on the merits regardless of whether he objected at trial. In other words, raising the issue in the trial court is important insofar as it is necessary to make a clear record on which to base a double jeopardy claim on appeal. See id. at 645-46. Applying Gonzalez, we now determine whether a double jeopardy violation is clearly apparent on the face of the record.”

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

2. “Where a defendant is convicted of the offense of indecency with a child by exposure and also of the offense of aggravated sexual assault of a child, is the indecency conviction barred by double jeopardy if that exposure occurred prior to the aggravated sexual assault and during the defendant's unsuccessful attempt to commit a third offense that, if completed, would not have been jeopardy barred?”

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

3. “Although a defendant obviously has a right to attempt to establish his innocence by showing that someone else committed the crime, he still must show that his proffered evidence regarding the alleged alternate perpetrator is sufficient on its own or in coordination with other evidence in the record to show a nexus between the crime charged and the alleged “alternate perpetrator.””

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