Burks v. United States’s Empirical Analysis
1978
Citation profile
2,269 federal appellate · 169 district · 5,340 state decisions
How this case has been cited
Cited by 9,056 later decisions (103 by the Supreme Court) — most recently January 2026 · most notably Monge v. California (1998), Tibbs v. Florida (1982)
2,269 federal appellate · 169 district · 5,340 state decisions — followed in 50 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.
Appellate journey
reviewedUnited States v. Burks (from Sixth Circuit Court of Appeals)
Relationships
Relies on Glasser v. United States · North Carolina v. Pearce · Green v. United States · United States v. Jorn
Cited together with Jackson v. Virginia · Glasser v. United States · United States v. Scott · Greene v. Massey · Green 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 9,056 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Double Jeopardy Clause forbids a second trial for the purpose of affording the prosecution another opportunity to supply evidence which it failed to muster in the first proceeding.”
367 later decisions quote this exact passage · from the majority“[W]here the Double Jeopardy Clause is applicable, its sweep is absolute. There are no 'equities' to be balanced, for the Clause has declared a constitutional policy, based on grounds which are not open to judicial examination.”
7 later decisions quote this exact passage · from the majoritye.g. State v. Courtney · Winter v. State“hardly be characterized as models of consistency and clarity.”
7 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.