Kersey v. Hatch’s Empirical Analysis

Citation profile

114 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 114 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “must presume that a conviction under a general verdict requires reversal if the jury is instructed on an alternative basis for the conviction that would result in double jeopardy, and the record does not disclose whether the jury relied on this legally inadequate alternative.”

   1 later decision quote this exact passage
   e.g. State v. Sena

2. “break[ing] new ground or impos[ing] a new obligation on the [s]tates or the [f]ederal [g]overnment. To put it differently, a case announces a new rule if the result was not dictated by precedent existing at the time the defendant's conviction became final.”

   1 later decision quote this exact passage
   e.g. 1 N.M. Ct. App. 769 - State v. Ramirez

3. “new methodology for review of double jeopardy claims involving multiple separate convictions for felony murder and the underlying predicate felony ... is not available for retroactive application in habeas corpus proceedings”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Deans