State v. Duval’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the rule is only that jeopardy “generally” attaches at the time of acceptance of the guilty plea, the rule has exceptions. The attachment of jeopardy upon the court’s acceptance is neither automatic nor irrevocable.... The issue here is not whether defendant was subjected to the kind of government overreaching that the double jeopardy clause was designed to prevent. Rather, it is a much narrower and simpler one — whether the court ought be able to correct a mistake. The court’s decision not to appoint counsel for defendant was based on incomplete information. ... The court simply corrected the mistake by erasing the plea acceptance and proceeded to treat the case as it should have been treated from the outset. Although it would have been better practice for the court to have made a more through inquiry ... under the facts presented here jeopardy did not attach. And, even if we were to follow a proerustean analysis that jeopardy did attach, it was not irrevocable.”

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