State v. Burton

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding State is not limited “to a single charge from one episode”
• observing a defendant’s right to speedy indictment does not preclude the State from bringing “separate charges from one episode” “simply because both charges arose from the same episode”
• robbery charge filed after dismissal of burglary charge not tied to speedy-trial times of earlier charge notwithstanding fact they arose out of same facts
• dismissed charge of burglary with aggravation did not bar subsequent prosecution of robbery with aggravation because the two crimes are not the “same offense” for purposes of “former jeopardy”
• “The charges of burglary with aggravation and robbery with aggravation are separate and distinct offenses; each contains elements not included in the other. They are not the ‘same offense.’ ”
• State should not dismiss as a subterfuge to avoid speedy trial statute

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• State v. Birkestrand
  Supreme Court of Iowa· 1976-02-18· cited 48×
• State v. Burgess
  Supreme Court of Iowa· 2001-12-19· cited 43×
• State v. Sunclades
  Supreme Court of Iowa· 1981-06-15· cited 39×
• State v. Fisher
  Supreme Court of Iowa· 1984-07-18· cited 22×
• State v. Iverson
  Supreme Court of Iowa· 1978-11-22· cited 21×
• In Re Mayfield
  Michigan Court of Appeals· 1993-02-16· cited 14×
• State v. Eichorn
  Supreme Court of Iowa· 1982-10-27· cited 10×
• State v. Kaufman
  Supreme Court of Iowa· 1978-04-19· cited 10×
• State v. Parker
  Supreme Court of Iowa· 1983-12-21· cited 7×
• State v. Sanders
  Court of Appeals of Iowa· 1979-06-28· cited 3×
• State v. Hill
  Supreme Court of Iowa· 1979-12-19· cited 3×
• State v. Smith
  Court of Appeals of Iowa· 2017-12-06
• State of Iowa v. Michael Dwight Page
  Court of Appeals of Iowa· 2025-07-23

Cites

6 cases in this archive are cited by this case.

• Ashe v. Swenson
  Supreme Court· 1970-04-20· cited 4,277×
• United States v. Marion
  Supreme Court· 1971-12-20· cited 3,756×
• State v. O'KELLY
  Supreme Court of Iowa· 1973-10-17· cited 62×
• State v. Mays
  Supreme Court of Iowa· 1973-02-21· cited 44×
• State v. Stewart
  Supreme Court of Iowa· 1974-11-13· cited 42×
• State v. Johnson
  Supreme Court of Iowa· 1974-04-24· cited 40×