Waller v. Florida’s Empirical Analysis
1970
Citation profile
303 federal appellate · 19 district · 733 state decisions
How this case has been cited
Cited by 1,255 later decisions (81 by the Supreme Court) — most recently February 2024 · most notably Teague v. Lane (1989), Brown v. Ohio (1977)
303 federal appellate · 19 district · 733 state decisions — followed in 42 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on North Carolina v. Pearce · Ashe v. Swenson · Benton v. Maryland · Reynolds v. Sims · Palko v. State of Connecticut
Cited together with Ashe v. Swenson · Benton v. Maryland · Bartkus v. People of State of Illinois · Abbate v. United States · Blockburger v. United States
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 1,255 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * The opinion of the District Court of Appeal first explicitly acknowledged that the charge on which the state court action rested 'was based on the same acts of the appellant as were involved in the violation of the two city ordinances.’ * * (emphasis supplied) “We act on the statement of the District Court of Appeal that the second trial on the felony charge by information ‘was based on the same acts of the appellant as were involved in the violation of the two city ordinances’ and on the assumption that the ordinance violations were included offenses of the felony charge. “. . . We hold that on the basis of the facts upon which the Florida District Court of Appeal relied petitioner could not lawfully be tried both by the municipal government and by the State of Florida. In this context a ‘dual sovereignty’ theory is an anachronism, and the second trial constituted double jeopardy violative of the Fifth and Fourteenth Amendments to the United States Constitution.””
11 later decisions quote this exact passage · from the majority““ * * * on the statement of the District Court of Appeal that the second trial on the felony charge by information 'was based on the same acts of the appellant as were involved in the violation of the two city ordinances’ and on the assumption that the ordinance violations were included offenses of the felony charge. Id. at 390 , 90 S. Ct. at 1186 , 25 L.Ed.2d at 438 .”
9 later decisions quote this exact passage · from the majority“Political subdivisions of States — counties, cities, or whatever — never were and never have been considered as sovereign entities. Rather, they have been traditionally regarded as subordinate government instru-mentalities created by the State to assist in the carrying out of state governmental functions.”
8 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.