17 Va. App. 335 - Kemph v. Commonwealth’s Empirical Analysis
1993
Citation profile
13
cited by 13 later decisions
1
states following
October 2006
most recently cited
13 state decisions
Relationships
Relies on United States v. Jorn · Oregon v. Kennedy · Wade v. Hunter · National Union Fire Insurance v. Helfand · United States v. Dinitz
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Kemph asserts for the first time on appeal that the double jeopardy clause of the Virginia constitution protects him from retrial even if the United States Constitution does not. This claim is barred by Ride 5A:18; nonetheless, as this Court has ruled that resolution of such a double jeopardy claim is controlled by Oregon v. Kennedy, MacKenzie, 8 Va.App. at 239 , 380 S.E.2d at 175 , his argument lacks merit.”
1 later decision quote this exact passage“As we have consistently held in our prior opinions, prosecutorial conduct, even if viewed as [harassing] or overreaching and sufficient to justify a mistrial, does not bar retrial absent proof of intent on the part of the prosecutor to subvert the protection afforded by the double jeopardy clause.”
1 later decision quote this exact passage“valued right to have his trial completed by a particular tribunal,”
1 later decision quote this exact passage
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.