Simpson v. Florida’s Empirical Analysis

Citation profile

70 federal appellate · 105 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 186 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““examine the record of a prior proceeding, taking into account the pleadings, evidence, charge, and other relevant matter, and conclude whether a rational jury could have grounded its verdict upon an issue other than that which the defendant seeks to foreclose from consideration.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ferrell v. State · State v. Stergion

2. “The ground upon which the state court resolved [Simpson’s] contention is plainly not tenable. Indeed, in Ashe itself, we specifically noted that “mutuality” was not an ingredient of the collateral estoppel rule imposed by the Fifth and Fourteenth Amendments upon the States. Ashe, supra, [397 U.S.] at 443 [ 90 S.Ct. 1189 ], It is clear that Florida could not have retried [Simpson] a third time on the charge of robbing the store manager simply because it had previously secured a jury verdict of guilty as well as one of acquittal. And, had the second trial never occurred, the prosecutor could not, while trying the case under review, have laid the first jury verdict before the trial judge and demanded an instruction to the jury that, as a matter of law, [Simpson] was one of the armed robbers in the store that night.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Allen

3. “sole disputed issue at each of [petitioner's] trials”

   1 later decision quote this exact passage · from the majority
   e.g. Ferrell v. State