State v. Calhoun’s Empirical Analysis
1985
Citation profile
3 federal appellate · 41 state decisions
How this case has been cited
Cited by 44 later decisions — most recently September 2024 · most notably State v. Broughton (1991), State v. Keeton (1985)
3 federal appellate · 41 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Burks v. United States · Green v. United States · United States v. Jorn · Arizona v. Washington · Albernaz v. United States
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n the absence of an acquittal or a termination based on a ruling that the prosecution’s case was legally insufficient, no interest protected by the Double Jeopardy Clause precludes a retrial when reversal is predicated on trial error alone. * * * The purpose of the Double Jeopardy Clause is to preserve for the defendant acquittals or favorable factual determinations but not to shield from appellate review erroneous legal conclusions not predicated on any factual determinations. * * * Inasmuch as the dismissal was the result of a good-faith trial-type error of the presiding judge, no legitimate interest of the defendant would be sacrificed by retrial. The fact remains that the jury had neither found appellee guilty nor voted for his acquittal. Both the defendant and the state are entitled to have one complete trial which terminates in a verdict on a finding that the state’s case is legally insufficient to sustain a conviction.”
3 later decisions quote this exact passage““The court in Scott replaced the Jenkins test with a new test, wherein the public’s interest in the government’s right to appeal an erroneous conclusion of law is to be balanced against the interest of the defendant in avoiding a second trial. The court in Scott focused on whether the termination of the proceedings has been on a ground related to the defendant’s guilt or innocence * *”
2 later decisions quote this exact passage“(See Burks v. United States [1978], 437 U.S. 1 ;”
1 later decision quote this exact passagee.g. State v. Derakhshan
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.