State v. Breit’s Empirical Analysis

Citation profile

2 federal appellate · 150 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 152 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hen a defendant moves for a mistrial, retrial, or reversal because of prosecutorial misconduct: Retrial is barred under Article II, Section 15, of the New Mexico Constitution, when improper official conduct is so unfairly prejudicial to the defendant that it cannot be cured by means short of a mistrial or a motion for a new trial, and if the official knows that the conduct is improper and prejudicial, and if the official either intends to provoke a mistrial or acts in willful disregard of the resulting mistrial, retrial, or reversal.”

   11 later decisions quote this exact passage · from the dissent
   e.g. 2005 Pa. Super. 184 - Commonwealth v. Basemore · State v. McCLAUGHERTY

2. “"The underlying idea, one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty."”

   3 later decisions quote this exact passage
   e.g. 404 Ill. App. 3d 1072 - People v. Griffith · State v. Fielder

3. “a conscious and purposeful decision by the prosecutor to dismiss any concern that his or her conduct may lead to a mistrial or reversal,”

   3 later decisions quote this exact passage · from the dissent
   e.g. State v. Cortez · State v. McClaugherty