342 Pa. Super. 281 - Commonwealth v. Simons’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he United States Supreme Court held that only prosecutorial misconduct intended to provoke a mistrial would bar retrial under federal double jeopardy principles. Oregon v. Kennedy , 456 U.S. 667 , 102 S.Ct. 2083 , 72 L.Ed.2d 416 (1982). The Court thus repudiated the notion that there are two separate types of prosecutorial misconduct that bar reprosecution. . . .”

   1 later decision quote this exact passage
   e.g. State v. Moore

2. ““The prosecutor did not deliberately overreach the defendant with the threat of multiple prosecutions, nor intentionally subvert the defendant’s right to be tried only once. Accordingly, the extraordinary remedy of discharge is not warranted in this case, and we hold that appellant’s double jeopardy rights would not be violated by retrial.””

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Sullivan

3. “In Oregon v. Kennedy , the United States Supreme Court chose to limit the availability of relief under the Double Jeopardy Clause by declaring that only misconduct intended to provoke a mistrial would constitute a bar to reprosecution.”

   1 later decision quote this exact passage
   e.g. State v. Moore