Hooper v. State’s Empirical Analysis

Citation profile

41 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The nol pros of a charging document or of a count is ‘a final disposition’ of the charging document or count; ‘there can be no further prosecution under’ the nol prossed charging document or count; the matter is ‘terminated’ at that time; and the accused may be proceeded against for the same offense only under a new or different charging document or count. Barrett v. State, supra, 155 Md. at 637-638 [ 142 A. 96 .]”

   2 later decisions quote this exact passage · from the majority
   e.g. Curley v. State · 84 Op. Att'y Gen. 73 - (1999)

2. “Consequently, an “election” not to prosecute a particular count has been deemed to be a nolle prosequi. The State’s motion to amend an indictment by deleting certain matter from two counts on the ground of duplicity was treated as a nolle prosequi of the offenses charged in the deleted material. A motion by the prosecuting attorney to “dismiss” an indictment has been held to be a nolle prosequi, with the further holding that the dismissal could not be set aside by a subsequent order reinstating the indictment. A paper filed by the prosecuting attorney called a “disclaimer” was deemed to be a nolle prosequi [ ], with the court pointing to “the substance of what was undertaken.” The Supreme Court of Indiana [ ] held that a motion by the prosecuting attorney to “strike the case from the docket” amounted to a nolle prosequi and that, therefore, the trial court erred in later granting the State’s motion to reinstate the action.”

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

3. “One aspect of the double jeopardy prohibition which is firmly settled in this state as a common law principle, is that the entry of a nolle prosequi, without the defendant’s consent, and after jeopardy has attached, operates as an acquittal and precludes further prosecution for the same offense On the other hand, where a nolle prosequi is entered before jeopardy attaches, the State is only precluded from prosecuting the defendant further under that indictment, but the defendant may be proceeded against for the same offense by another indictment or information.”

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