Topic: where the same act or transaction constitutes a violation o… · Go Syfert
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Topic #8272

5 canonical passages across 3 cases, quoted by 44 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 State v. Zaccagnini.

#Case FlagCanonical passage Citers
1 State v. Zaccagnini Anchor
wva · 1983
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 an additional fact which the other does not.” 14
2 State v. Sears
wva · 1996
green “a double jeopardy claim is reviewed de novo.” 11
3 State v. Gill
wva · 1992
green “a claim that double jeopardy has been violated based on multiple punishments imposed after a single trial is resolved by determining the legislative intent as to punishment.” 9
4 State v. Sears
wva · 1996
green “the purpose of the double jeopardy clause is to ensure that sentencing courts do not exceed, by the device of multiple punishments, the limits prescribed by the legislative branch of government, in which lies the substantive power to define crimes and prescribe punishments.” 7
5 State v. Sears
wva · 1996
green “substantive power to define crimes and prescribe punishments.” 3

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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