Beebe v. Nelson’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in the present ease, petitioner’s first jury was presented with alternative charges for finding him guilty of violating the state’s first degree murder statute. The jury’s silence in not picking the other alternative charge is not an “implied acquittal” barring any further prosecution on that charge. Also, because the first jury considered alternative charges of first degree murder, rather than lesser and greater offenses of that crime, the ordinary factual basis for recognizing an “implied acquittal” is not presented in this case. See Ohio v. Johnson, 467 U.S. 493, 501 , 104 S.Ct. 2536 , 81 L.Ed.2d 425 (1984) (“implied acquittal” results from a verdict convicting defendant on lesser included offenses rendered by a jury charged to consider both greater and lesser included offenses); Green v. United States, 355 U.S. 184 , 78 S.Ct. 221 , 2 L.Ed.2d 199 (1957) (after defendant’s murder conviction was reversed for insufficient evidence, double jeopardy barred prosecution and conviction on first degree murder charge where first jury found defendant guilty of lesser included offense of second degree murder but was silent on greater charge of first degree murder).”

   1 later decision quote this exact passage · from the majority
   e.g. 223 W. Va. 520 - State v. Kent