Cardine v. Commonwealth’s Empirical Analysis

Citation profile

25 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[the] prosecution of a defendant before a jury other than the original jury or contemporaneously-impaneled alternates is barred unless 1) there is a ‘manifest necessity 1 for a mistrial or 2) the defendant either requests or consents to a mistrial. Id. at 647 (citation omitted).”

   2 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. Padgett · Sneed v. Burress

2. “The attachment of jeopardy merely begins the inquiry as to whether the Double Jeopardy Clause of the Fifth Amendment proscribes a retrial.... When a trial is aborted at the volition of the defendant himself, the considerations are different from those that prevail when the interruption is precipitated by the prosecution or by the trial court sua sponte.... [I]f there is no bad faith and the choice has not been forced upon the defendant, he is not in a position to cry double jeopardy when the trial is relaunched.”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Grider

3. “[T]he power to grant a mistrial ought to be used sparingly and only with the utmost caution, under urgent circumstances, and for very plain and obvious causes.”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Padgett