State v. Locklear’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This `absolute necessity' rule has been followed in other jurisdictions, and the reasons supporting it are obvious. Some cases speak of the possibility for abuse and oppression, if the prosecutor can rid himself of a jury merely because of his dislike for it or for some of its members or because of the possibility that the defendant might be less prepared at a future day, or even because of a desire unnecessarily to harass the defendant. People v. Barrett, 2 Caines, N.Y. 304, 2 Am. Dec. 239 (1805).”

   1 later decision quote this exact passage · from the majority
   e.g. 74 N.J. Super. 520 - State v. Romeo

2. “"Assuming a failure of justice in the instant case, it is outweighed by the general personal security afforded by the great principle of freedom from double jeopardy. Such misadventures are the price of individual protection against arbitrary power." State v. Locklear, supra, 108 A.2d at page 442 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Sanborn