Etter v. State’s Empirical Analysis

Citation profile

3 federal appellate · 31 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘How can the accused say he has been injured, that any injustice has been done? We frankly cannot see how. At the succeeding term he clearly had all rights that he originally had in the selection of a new jury. He was not prejudiced by the evidence of the prosecution which had been introduced. The fact is he should be materially benefited. Then too, we know that ordinarily the longer a trial of the kind is postponed, the better for the accused.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Davis v. State · Patten v. State

2. ““Double jeopardy, a second ‘exposure to danger,’ is forbidden by the Fifth Amendment, and the prohibition is applied to the States through the Fourteenth Amendment. A person is said to be in legal jeopardy when he is put on trial before a court of competent jurisdiction on an indictment or information which is sufficient in form and substance to sustain a conviction, and a jury has been charged with his deliverance. “The law appears to be somewhat more equivocal, however, as to the question of when jeopardy attaches in a non jury trial. While the phrase ‘well settled’ appears with some frequency in discussions of when jeopardy attaches in a non jury trial, an examination of the cases indicates considerable divergence of opinion. The commencement of trial, the swearing of the first witness, the taking of testimony, and the hearing of evidence, have all been held to be the point at which jeopardy attaches. The New York courts have recognized at least two of the above rules. “In some instances there appears to be an actual difference of view, but in others there seems to be merely a difference in phraseology. Repeatedly, the phrases stating the point at which jeopardy attaches are defined in terms of one another and are equated one to another when they need not be synonymous. “A few courts have stated that jeopardy attaches in a nonjury trial when the trial has begun, seemingly an imprecise standard. In that connection, it has been stated that the trial begins when the first wit”

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