Lewis v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The authorities are well settled that a defendant is considered to have been placed in jeopardy as soon as be has gone to trial and the jury sworn. ... If the jury is discharged with his consent, he may be tri^l again, (footnote omitted)”

   2 later decisions quote this exact passage
   e.g. Muller v. State · Torres v. State

2. “On the other hand, there are instances of serious misconduct on the part of an accused, or his counsel, which make permissible both granting of a mistrial and a reprosecution.”

   2 later decisions quote this exact passage
   e.g. Browning v. State · Douglas v. State

3. “Research does not disclose any case in which the granting of a mistrial for misconduct of defense counsel has been upheld, although conceivably such action would be proper in case of misconduct going to the very vitals of the trial itself, for example, if the defendant or his counsel attempted to tamper with the jury. Minor misconduct of defense counsel, such as overstepping of the limit set by the court for the examination of a witness, does not under the authorities warrant a' mistrial thereby depriving the defendant of his right to secure a verdict from the jury that had been sworn to try him.”

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