Oregon v. Kennedy’s Empirical Analysis
1982
Citation profile
715 federal appellate · 71 district · 2,022 state decisions
How this case has been cited
Cited by 3,296 later decisions (16 by the Supreme Court) — most recently March 2026 · most notably Michigan v. Long (1983), Garcia v. San Antonio Metropolitan Transit Authority (1985)
715 federal appellate · 71 district · 2,022 state decisions — followed in 48 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 Delaware v. Prouse · Benton v. Maryland · South Dakota v. Opperman · Green v. United States · United States v. Jorn
Cited together with United States v. Dinitz · United States v. Jorn · Arizona v. Washington · Wade v. Hunter · United States v. Scott
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 3,296 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Only where the governmental conduct in question is intended to `goad' the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion.”
254 later decisions quote this exact passage · from the majority“classical test for lifting the double jeopardy bar to a second trial is the 'manifest necessity' standard,”
20 later decisions quote this exact passage · from the majority“valued right to have his trial completed by a particular tribunal,”
15 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.