Spidle v. State’s Empirical Analysis

Citation profile

4 federal appellate · 17 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The purpose of the Benton decision is to make applicable throughout the United States ‘a fundamental ideal in our constitutional heritage.’ 395 U.S. 784, 794 , [ 89 S.Ct. 2056 , 23 L.Ed.2d 707 ], The court so stated, in equating the right recognized in Benton, with the right of trial by jury, held in Duncan v. Louisiana, 391 U.S. 145, 149 , [ 88 S.Ct. 1444 , 20 L.Ed.2d 491 ], to be ‘fundamental to the American scheme of justice.’ However, as above noted, the court declined, in DeStefano v. Woods, 392 U.S. 631 , [ 88 S.Ct. 2093 , 20 L.Ed.2d 1308 ], to apply Duncan retroactively. The supreme court’s analogizing the fundamental nature of the rights involved in Duncan and Benton justifies the conclusion that the purpose to be served by Benton does not require its retroactive application.” 446 S.W.2d at 795 .”

   1 later decision quote this exact passage
   e.g. Spidle v. Swenson

2. “(a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards.”

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