99 Wash. 2d 413 - State v. Vladovic’s Empirical Analysis

Citation profile

210 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 212 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he merger doctrine is a rule of statutory construction which only applies where the Legislature has clearly indicated that in order to prove a particular degree of crime ( e.g., first degree rape) the State must prove not only that a defendant committed that crime ( e.g., rape) but that the crime was accompanied by an act which is defined as a crime elsewhere in the criminal statutes ( e.g., assault or kidnapping).”

   31 later decisions quote this exact passage · from the majority
   e.g. State v. Clark · State v. Grant

2. “In order to be the "same offense" for purposes of double jeopardy the offenses must be the same in law and in fact. If there is an element in each offense which is not included in the other, and proof of one offense would not necessarily also prove the other, the offenses are not constitutionally the same and the double jeopardy clause does not prevent convictions for both offenses.”

   20 later decisions quote this exact passage · from the majority
   e.g. State v. McJimpson · 91 Wash. App. 612 - State v. Sweet

3. “a doctrine of statutory interpretation used to determine whether the Legislature intended to impose multiple punishments for a single act which violates several statutory provisions.”

   6 later decisions quote this exact passage · from the majority
   e.g. State v. McJimpson · 113 Wash. 2d 42 - In Re the Personal Restraint of Fletcher