Kendall v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The federal Constitution provides that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” United States Constitution, Fifth Amendment. [] That protection is also a fundamental part of Maryland common law. See State v. Taylor, 371 Md. 617, 629-30 , 810 A.2d 964 (2002). In a nonjury trial, jeopardy ordinarily attaches when the first witness is sworn, Crist v. Bretz, 437 U.S. 28 , 37 n.15, 98 S.Ct. 2156 , 57 L.Ed.2d 24 (1978), although in some circumstances it may attach without the appearance of a witness if the defendant is “subjected to the risk of conviction.” Daff v. State, 317 Md. 678, 688-89 , 566 A.2d 120 (1989) (acquittal following failure of prosecution witnesses to appear for trial). For each offense for which the defendant is thereafter acquitted, both the federal Constitution and State common law prohibit a second prosecution. See Benton v. Maryland, 395 U.S. 784, 796 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969) (federal Constitution); Gianiny v. State, 320 Md. 337, 342 , 577 A.2d 795 (1990) (Maryland common law). “If the innocence of the accused has been confirmed by a final judgment, the Constitution conclusively presumes that a second trial would be unfair,” even if the acquittal was based on an “egregiously erroneous foundation ” United States v. DiFrancesco, 449 U.S. 117, 129 , 101 S.Ct. 426 , 66 L.Ed.2d 328 (1980); see also Fong Foo v. United States, 369 U.S. 141 , 82 S.Ct. 671 , 7 L.Ed.2d 629 (1962).[] Nor are double jeo”

   1 later decision quote this exact passage
   e.g. Johnson v. State