Swisher v. Brady’s Empirical Analysis
1978
Citation profile
76 federal appellate · 15 district · 180 state decisions
How this case has been cited
Cited by 350 later decisions (27 by the Supreme Court) — most recently July 2025 · most notably United States v. Raddatz (1980), United States Parole Commission v. Geraghty (1980)
76 federal appellate · 15 district · 180 state decisions — followed in 22 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 In the Matter of Samuel Winship · Younger v. Harris · North Carolina v. Pearce · Gault · Burks 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 350 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The general principles governing this case are well established. 'A State may not put a defendant in jeopardy twice for the same offense. Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 . The constitutional protection against double jeopardy unequivocally prohibits a second trial following an acquittal. The public interest in the finality of criminal judgments is so strong that an acquitted defendant may not be retried even though "the acquittal was based upon an egregiously erroneous foundation.” ... If the innocence of the accused has been confirmed by a final judgment, the Constitution conclusively presumes that a second trial would be unfair. 'Because jeopardy attaches before the judgment becomes final, the constitutional protection also embraces the defendant’s "valued right to have his trial completed by a particular tribunal.” ... Consequently, as a general rule, the prosecutor is entitled to one, and only one, opportunity to require an accused to stand trial.” Arizona v. Washington, 434 U.S. 497, 503-505 , 98 S.Ct. 824, 829 , 55 L.Ed.2d 717 (1978) (footnotes omitted).”
20 later decisions quote this exact passage · from the majority“accused juvenile is subjected to a single proceeding which begins with a master's hearing and culminates with an adjudication by a judge”
4 later decisions quote this exact passagee.g. In Re Marcus J. · In Re Bf“to the embarrassment, expense and ordeal of a second trial.”
3 later decisions quote this exact passage
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.