State v. Mallak’s Empirical Analysis
2005
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently March 2025 · most notably State v. Hicks (2006), State v. Trull (2006)
38 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 Benton v. Maryland · Oregon v. Kennedy · Wade v. Hunter · United States v. Tateo · State v. Kougl
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘In cases of mistrial, there must be a finding of ‘Machiavellian’ design and a vision of future moves worthy of a chess master: first the prosecutor’s perception that the case has gone amiss in some unanticipated way, coupled with an assessment that if only the trial could start over things would improve; then, the decision to goad defense counsel into naively doing the prosecutor’s concealed bidding by moving for the mistrial that the prosecutor secretly desires; followed by some feigned but half-hearted opposition to the defense counsel’s motion; all the while hoping that the trial court thereby has been successfully manipulated into granting it.””
1 later decision quote this exact passage · from the concurrence
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.