28 So. 3d 931 - Douglas v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A criminal defendant has the right to be free from being twice put in jeopardy for the same offense under both the Fifth Amendment to the United States Constitution and article I, section 9, of the Florida Constitution. Jeopardy attaches in a criminal proceeding when the jury is impaneled and sworn. Crist v. Bretz, 437 U.S. 28 , 98 S.Ct. 2156 , 57 L.Ed.2d 24 (1978). The defendant has a right to have his trial completed by a particular jury of his choosing. Thomason v. State, 620 So.2d 1234 (Fla.1993). “Doubt about whether the mistrial is appropriate is resolved ⅛ favor of the liberty of the citizen.’ The State must demonstrate ‘manifest necessity’ for the mistrial.” Id. at 1237 . “[A] mistrial founded solely upon the convenience of the court and the jury is certainly not manifestly necessary.” Cohens v. Elwell, 600 So.2d 1224, 1226 (Fla. 1st DCA 1992) (quoting New York v. Michael, 48 N.Y.2d 1 , 420 N.Y.S.2d 371 , 394 N.E.2d 1134 (1979)).”

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