State v. Adams’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Additionally, the Court emphasized that a special presumption on the defendant’s behalf was not created simply by invocation of the right to jury trial. The Court explained that unlike Blackledge , no duplicative expenditures were incurred as a result of the defendant’s request, and as compared to Pearce , no judge was asked to do over what he thought he already had done correctly. Thus, the deep seated institutional bias against retrying previously decided issues, which might have created a favorable presumption for the defendant, was not offended.””

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

2. “[T]he timing of the prosecutor’s action in this case suggests that a presumption of vindictiveness is not warranted. A prosecutor should remain free before trial to exercise broad discretion entrusted to him to determine the extent of the societal interest in prosecution. An initial decision should not freeze future conduct. As we made clear in Bordenkircher , the initial charges filed by a prosecutor may not reflect the extent to which an individual is legitimately subject to prosecution.”

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

3. “It is true, of course, that a defendant’s ability to exercise his constitutional rights must not be chilled by heavy handed prosecutorial conduct. It is equally true however, that good faith alterations in a prosecutor’s approach to a case should not automatically abrogate the entire potential culpability of a defendant. [Id. at 674.]”

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