Daff v. State’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The principle embodied in the plea of autrefois acquit has been broadly interpreted. * * * Once a trial judge has intentionally rendered a verdict of not guilty, a subsequent change of mind is prohibited even though the judge may be convinced, even moments later, that the verdict was erroneous.” (Emphasis added). ( Citations omitted).”

   3 later decisions quote this exact passage
   e.g. Farrell v. State · State v. Ghajari

2. ““If the trial judge had no authority to dismiss the action for lack of prosecution, acceptance of the State’s position would lead to the rather extraordinary result that the State could always secure a postponement simply by refusing to proceed. The court, in this situation, cannot force the State to enter a nolle prosequi. If the court is similarly without authority to dismiss the case for lack of prosecution, and, as the State maintains, cannot enter a binding verdict of acquittal, the State would be able to cause an impasse that would necessarily result in a delay until such time as the State felt it was ready to proceed. That result would be untenable. The court has authority to control its docket, and it may force the State to proceed to trial or to enter a nolle prosequi when the case is called for trial on a regularly assigned trial date. Failure of the State to produce any evidence at the trial will necessarily result, as it did here, in an acquittal.””

   2 later decisions quote this exact passage
   e.g. Wynn v. State · State v. Taylor

3. “[i]t made no difference that the State’s evidence may have been woefully deficient at the trial. Indeed, one may assume that the acquittal usually reflected the inadequacy of the State’s case. We think the defense is no less available when the State’s case has been completely deficient than when the State’s case has been only partially deficient. A trial may be held although a defendant elects to present no evidence. Similarly, a trial may be held notwithstanding the refusal of the State to participate. Daff s trial was held as scheduled, and he was acquitted by reason of the insufficiency of the State’s evidence. Retrial is barred.”

   2 later decisions quote this exact passage
   e.g. Farrell v. State · In Re Kevin E.