State v. Kirk’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Double Jeopardy Clause does protect a defendant against governmental actions intended to provoke mistrial requests and thereby to subject defendants to the substantial burdens imposed by multiple prosecutions. It bars retrials where "bad faith conduct by judge or prosecutor," United States v. Jorn, supra, 400 U.S. 470 at 485 , 91 S.Ct. at [547] 557, [ 27 L.Ed.2d 543 at 556 ], threatens the "[h]arrassment of an accused by successive prosecutions or declaration of a mistrial so as to afford the prosecution a more favorable opportunity to convict" the defendant. Downum v. United States, 372 U.S. 734 at 736 , 83 S.Ct. [1033] at 1034, 10 L.Ed.2d [100] at 102. See Gori v. United States, 367 U.S. 364 at 369 , 81 S.Ct. [1523] at 1526, 6 L.Ed.2d [901 at] 905; United States v. Jorn, supra, 400 U.S. 470 at 489 , 91 S.Ct. [547] at 559, 27 L.Ed.2d [543] at 558 (Stewart, J., dissenting); cf. Wade v. Hunter, 336 U.S. 684 at 692 , 69 S.Ct. [834] at 838, 93 L.Ed. at 979 .”

   1 later decision quote this exact passage · from the majority
   e.g. 413 So. 2d 1292 - Bell v. State