276 Ga. App. 587 - Mathis v. State’s Empirical Analysis
2005
Citation profile
11
cited by 11 later decisions
2
states following
January 2018
most recently cited
10 state decisions
Relationships
Relies on Oregon v. Kennedy · Northwestern University v. Crisp · Williams v. State · 188 Ga. App. 47 - State v. Oliver · State v. Thomas
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We note that the [prosecutor's] improper comment did not occur until the State's closing argument following three days of trial. Therefore, conceptually, 'the prosecution had already built its case against [the defendant] and had no reason to abort the first trial by forcing a mistrial'”
2 later decisions quote this exact passagee.g. People v. August · People v. August“In general, when a defendant makes a motion for a mistrial he waives any claim of double jeopardy. But, where the prosecutor has goaded the defense into making a motion for a mistrial in order for the prosecution to avoid reversal of the conviction because of prosecutorial or judicial error or to otherwise obtain a more favorable chance for a guilty verdict on retrial, the Double Jeopardy Clause will stand as a bar to retrial. The Supreme Court of Georgia has adopted the test set out in Oregon v. Kennedy , 456 U.S. 667 , 102 S.C[t]. 2083, 72 L.Ed.2d 416 (1982). The inquiry is whether the prosecutor intended to goad the defendant into moving for a mistrial and thus terminate the trial. What is critical is the objective of the prosecutor's conduct.”
1 later decision quote this exact passage“Even where the prosecutor's misconduct is intentional and sufficient to justify a grant of mistrial, his or her misconduct will not prohibit a retrial unless the record shows that the prosecutor's objective was to abort the trial and to subvert the protections afforded by the Double Jeopardy Clause.”
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.