Booth v. State’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “error or misconduct ... was committed by either the prosecution or the court with the intention of (1) forcing the defendant to move for or consent to a mistrial, or (2) prejudicing his prospects for an acquittal if the trial continued to a verdict. It is “bad faith conduct by judge or prosecutor” with such intent that prohibits retrials. [Footnote omitted.] The keystone of the test formulated and consistently followed by the Supreme Court is the requirement of “intent.” And intent is implicit in “bad faith.””

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

2. “[ljogically, it would seem that prosecutorial conduct occurring pretrial could rarely form the basis for applying the exception to the general rule since the prosecutor would hardly intend to abort a trial before it has even started.”

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