Blockburger elements test (Iowa) · Go Syfert
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Blockburger elements test in Iowa

5 Iowa opinions name it 1 courts 1994–2021 1 in the last five years

The cases below were cited by Iowa 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.

Followed or applied (6)

CaseFollowedCited
State v. Schmitzgreen
iowa · 2000 · cited in 2 Iowa opinions naming this issue, 2013–2013
2 sentences

2013However, we have typically used the Blockburger elements test in cases in which “two offenses charged under separate statutory provisions constitute the same offense for double jeopardy purposes.” State v. Schmitz, 610 N.W.2d 514 , 515–16 (Iowa 2000); see, e.g., Burgess, 639 N.W.2d at 568–70 (analyzing whether theft by deception and theft by misappropriation are the same offense for purposes of double jeopardy).

2013However, we have typically used the Blockburger elements test in cases in which “two offenses charged under separate statutory provisions constitute the same offense for double jeopardy purposes.” State v. Schmitz, 610 N.W.2d 514, 515-16 (Iowa 2000); see, e.g., Burgess, 639 N.W.2d at 568-70 (analyzing whether theft by deception and theft by misappropriation are the same offense for purposes of double jeopardy).

22
Blockburger v. United Statesgreen
scotus · 1931 · cited in 2 Iowa opinions naming this issue, 2013–2013
2 sentences

2013State v. Schmitz, 610 N.W.2d 514, 516 (2000) (analyzing Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932)).

2013State v. Schmitz, 610 N.W.2d 514, 516 (2000) (analyzing Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932)).

12
State v. Andersongreen
iowa · 1997 · cited in 1 Iowa opinions naming this issue, 2021–2021
1 sentence

2021See id.

11
State v. Burgessgreen
iowa · 2001 · cited in 1 Iowa opinions naming this issue, 2013–2013
2 sentences

2013However, we have typically used the Blockburger elements test in cases in which “two offenses charged under separate statutory provisions constitute the same offense for double jeopardy purposes.” State v. Schmitz, 610 N.W.2d 514 , 515–16 (Iowa 2000); see, e.g., Burgess, 639 N.W.2d at 568–70 (analyzing whether theft by deception and theft by misappropriation are the same offense for purposes of double jeopardy).

2013However, we have typically used the Blockburger elements test in cases in which “two offenses charged under separate statutory provisions constitute the same offense for double jeopardy purposes.” State v. Schmitz, 610 N.W.2d 514, 515-16 (Iowa 2000); see, e.g., Burgess, 639 N.W.2d at 568-70 (analyzing whether theft by deception and theft by misappropriation are the same offense for purposes of double jeopardy).

11
Missouri v. Huntergreen
scotus · 1983 · cited in 1 Iowa opinions naming this issue, 1994–1994
2 sentences

1994Missouri v. Hunter, 459 U.S. 359, 368-69 , 103 S.Ct. 673, 679 , 74 L.Ed.2d 535, 544 (1983); State v. Gallup, 500 N.W.2d 437, 443 (Iowa 1993).

1994Missouri v. Hunter, 459 U.S. 359, 368-69 , 103 S.Ct. 673, 679 , 74 L.Ed.2d 535, 544 (1983); State v. Gallup, 500 N.W.2d 437, 443 (Iowa 1993).

11
State v. Gallupgreen
iowa · 1993 · cited in 1 Iowa opinions naming this issue, 1994–1994
1 sentence

1994Missouri v. Hunter, 459 U.S. 359, 368-69 , 103 S.Ct. 673, 679 , 74 L.Ed.2d 535, 544 (1983); State v. Gallup, 500 N.W.2d 437, 443 (Iowa 1993).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Albernaz v. United States green
scotus · 1981
2 sentences

2019Id. at 339 , 101 S.Ct. at 1142 .

2019Id. at 339 , 101 S.Ct. at 1142 .

12019–2019

Statutes the citing opinions construe

IA § Iowa Code § 701.9 (3)

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.

Where else courts name it

NM 9 (1992–2018) FL 6 (2006–2021) TX 6 (2009–2021) IA 5 (1994–2021) TN 3 (2007–2016) NV 2 (2017–2017) WI 2 (1992–2001) DC 2 (1995–1997)

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.

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