People v. Kirby’s Empirical Analysis
1982
Citation profile
8
cited by 8 later decisions
2
states following
April 2001
most recently cited
6 state decisions
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This opinion is not to be construed as fixing the permissible or impermissible number of mistrials caused by deadlocked juries. The relevant principles must be applied on an ad hoc basis. The court is not announcing a per se rule or applying a formula mechanically. The sound judicial discretion of a trial judge to terminate a criminal prosecution is a power that ought to be used with the utmost caution and then only where the circumstances clearly justify such action.”
2 later decisions quote this exact passage · from the majority“must have the discretion, . . . to prohibit further prosecution where it appears that a just verdict, or any verdict, is unattainable.”
1 later decision quote this exact passage · from the majority“the fatal flaw in the prosecution's case is, . . . the credibility of the prosecution's principal witness.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.