Gori v. United States’s Empirical Analysis

Citation profile

458 federal appellate · 48 district · 602 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 1,291 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where, for reasons deemed compelling by the trial judge, who is best situated intelligently to make such a decision, the ends of substantial justice cannot be attained without discontinuing the trial, a mistrial may be declared without the defendant’s consent and even over his objection, and he may be retried consistently with the Fifth Amendment.”

   108 later decisions quote this exact passage · from the majority
   e.g. Winston, Sheriff, Et Al. v. Moore · United States v. DiFronzo

2. “I read the Double Jeopardy Clause as applying a strict standard. The prohibition is not against being twice punished, but against being twice put in jeopardy. [The double-jeopardy clause] is designed to help equalize the position of government and the individual, to discourage abusive use of the awesome power of society. Once a trial starts jeopardy attaches. The prosecution must stand or fall on its performance at the trial. I do not see how a mistrial directed because the prosecutor has no witnesses is different from a mistrial directed because the prosecutor abuses his office and is guilty of misconduct. In neither is there a breakdown in judicial machinery such as happens when the judge is stricken, or a juror has been discovered to be disqualified to sit, or when it is impossible or impractical to hold a trial at the time and place set---- The policy of the Bill of Rights is to make rare indeed the occasions when the citizen can for the same offense be required to run the gauntlet [sic] twice. The risk of judicial arbitrariness rests where, in my view, the Constitution puts it-on the Government.”

   4 later decisions quote this exact passage · from the dissent
   e.g. State v. Collins · State v. McCLAUGHERTY

3. “No person shall * * * be twice put in jeopardy of life or limb * * Article I, § 12 of the Oregon Constitution provides:”

   4 later decisions quote this exact passage · from the dissent
   e.g. Lewis v. Anderson · Commonwealth v. Padgett