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12 Arkansas opinions name it 2 courts 2000–2024 2 in the last five years
The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Morey v. Commonwealthgreen2 sentences2024“A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.” Blockburger v. United States, 284 U.S. 299, 304 (1932) (quoting Morey v. Commonwealth, 108 Mass. 433, 434 (1871)). 2024“A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.” Blockburger, 284 U.S. at 299 (quoting Morey v. Commonwealth, 108 Mass. 433, 434 (1871)). | 2 | 2 |
Blockburger v. United Statesgreen2 sentences2024As a result, she argues, the application of the firearm enhancement fails the same-elements test under Blockburger v. United States, 284 U.S. 299 (1932).3 Montgomery did not raise this double-jeopardy argument below, but she contends that she can raise it for the first time on appeal because it is an illegal sentence. 2015In order to determine whether the same act violates two separate statutory provisions, we apply the same-elements test as set out in Bloekburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932). | 1 | 8 |
Penn v. Stategreen2 sentences2017App. 424 , 44 S.W.3d 746 (2001). | .Appellant argues on appeal that the .criminal-contempt proceeding should be characterized as a trial on a lesser-included offense because it meets the same-elements test. 2017Whitt, supra; see also Penn v. State, 73 Ark. | 1 | 3 |
United States v. Dixongreen2 sentences2002Dixon, 509 U.S. at 696 ; see also Craig v. State, 314 Ark. 585 , 863 S.W.2d 825 (1993); Penn v. State, 73 Ark. 2001Dixon, 509 U.S. at 696 (citations omitted). | 1 | 2 |
State v. Thompsongreen2 sentences2007In State v. Thompson, 343 Ark. 135, 142 , 34 S.W.3d 33, 37 (2000), this court discussed the Blockburger decision: The same-elements test, commonly referred to as the “Blockburger” test, is as follows: [W]here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not. 2007In State v. Thompson, 343 Ark. 135, 142 , 34 S.W.3d 33, 37 (2000), this court discussed the Blockburger decision: The same-elements test, commonly referred to as the “Blockburger” test, is as follows: [W]here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not. | 1 | 1 |
Craig v. Stategreen2 sentences2002Dixon, 509 U.S. at 696 ; see also Craig v. State, 314 Ark. 585 , 863 S.W.2d 825 (1993); Penn v. State, 73 Ark. 2002Dixon, 509 U.S. at 696 ; see also Craig v. State, 314 Ark. 585 , 863 S.W.2d 825 (1993); Penn v. State, 73 Ark. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gavieres v. United States
green
2 sentences2007Gavieres v. United States, 220 U.S. 338, 342 , and authorities cited. 2000Gavieres v. United States, 220 U.S. 338, 342 , and authorities cited. | 2 | 2000–2007 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.