United States v. Gary’s Empirical Analysis

Citation profile

7 federal appellate · 6 district · 7 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he doctrine [of prosecutorial vindictiveness] precludes action by a prosecutor that is designed to penalize a defendant for invoking any legally protected right available to a defendant during a criminal prosecution. A defendant may prove prosecutorial vindictiveness by submitting either 1 (i) evidence of the prosecutor’s actual vindictiveness or (ii) evidence sufficient to establish a realistic likelihood of vindictiveness, thereby raising a presumption the Government must rebut with objective evidence justifying its action. If the Government can produce objective evidence that its motive in prosecuting, the defendant was not vindictive, then the defendant’s only hope is to prove that the justification is pretextual and that actual vindictiveness has occurred.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Meadows