Topic: where the same act or transaction constitutes a violation o… · Go Syfert
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Topic #55

18 canonical passages across 12 cases, quoted by 3,083 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Blockburger v. United States.

#Case FlagCanonical passage Citers
1 Blockburger v. United States Anchor
scotus · 1931
green “where 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.” 1,943
2 Missouri v. Hunter
scotus · 1983
green “with respect to cumulative sentences imposed in a single trial, the double jeopardy clause does no more than prevent the sentencing court from prescribing greater punishment than the legislature intended.” 361
3 North Carolina v. Pearce
scotus · 1969
red “protects against multiple punishments for the same offense.” 146
4 Missouri v. Hunter
scotus · 1983
green “a court's task of statutory construction is at an end and the prosecutor may seek and the trial court or jury may impose cumulative punishment under such statutes in a single trial.” 105
5 Brown v. Ohio
scotus · 1977
green “where consecutive sentences are imposed at a single criminal trial, the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.” 90
6 State v. Ruff
ohio · 2015
green “when the defendant's conduct constitutes offenses involving separate victims or if the harm that results from each offense is separate and identifiable.” 70
7 Ohio v. Johnson
scotus · 1984
green “the question under the double jeopardy clause whether punishments are 'multiple' is essentially one of legislative intent.” 48
8 Whalen v. United States
scotus · 1980
green “the question whether punishments imposed by a court after a defendant's conviction upon criminal charges are unconstitutionally multiple cannot be resolved without determining what punishments the legislative branch has authorized.” 43
9 Whalen v. United States
scotus · 1980
green “where two statutory provisions proscribe the 'same offense,' they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent.” 39
10 State v. Ruff
ohio · 2015
green “under r.c. 2941.25(b), a defendant whose conduct supports multiple offenses may be convicted of all the offenses if any one of the following is true: (1) the conduct constitutes offenses of dissimilar import, (2) the conduct shows that the offenses were committed separately, or …” 38
11 State v. Martinez
ohioctapp · 2013
green “a verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the state's witnesses rather than the defendant's version of the events.” 37
12 State v. Rogers
ohio · 2015
green “an accused's failure to raise the issue of allied offenses of similar import in the trial court forfeits all but plain error, and a forfeited error is not reversible error unless it affected the outcome of the proceeding and reversal is necessary to correct a manifest miscarriag…” 35
13 Albernaz v. United States
scotus · 1981
green “the blockburger test is a 'rule of statutory construction,' and because it serves as a means of discerning congressional purpose the rule should not be controlling where, for example, there is a clear indication of contrary legislative intent.” 34
14 Whalen v. United States
scotus · 1980
green “congress ordinarily does not intend to punish the same offense under two different statutes.” 28
15 Albernaz v. United States
scotus · 1981
green “a veritable sargasso sea which could not fail to challenge the most intrepid judicial navigator.” 27
16 Missouri v. Hunter
scotus · 1983
green “simply because two criminal statutes may be construed to proscribe the same conduct under the blockburger test does not mean that the double jeopardy clause precludes the imposition, in a single trial, of cumulative punishments pursuant to those statutes.” 25
17 State v. Childs
ohio · 2000
green “whether the general assembly intended to permit multiple punishments for the offenses at issue.” 8
18 State v. Pendleton (Slip Opinion)
ohio · 2020
green “regarding multiple punishments for the same offense, the double jeopardy clause prohibits 'the sentencing court from prescribing greater punishment than the legislature intended.” 6

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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