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← 458 N.E.2d 1159 - Phillippe v. State

Phillippe v. State’s Empirical Analysis

1984

Citation profile

6
cited by 6 later decisions
1
states following
May 2006
most recently cited

6 state decisions

How this case has been cited

Cited by 6 later decisions — most recently May 2006

6 state decisions

30198419902000decided

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 Tibbs v. Florida · United States v. Jorn · Arizona v. Washington · United States v. Dinitz · Illinois v. Somerville

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

  1. “Prosecution barred for the same offense. (a) A prosecution is barred if there was a former prosecution of the defendant based on the same facts and for the commission of the same offense and if: (2) The former prosecution was terminated after the jury was impaneled and sworn or, in a trial to the court without a jury, after the first witness was sworn unless (i) the defendant consented to the termination or waived, by motion to dismiss or otherwise, his right to object to the termination, (i) it was physically impossible to proceed with the trial in conformity to the law, (iii) there was a legal defect in the proceedings that would make any judgment entered on the verdict reversible as a matter of law, (iv) prejudicial conduct, in or outside of the courtroom, made it impossible to proceed with the trial without injustice to either the defendant or the state, (v) the jury was unable to reach a verdict, or (vi) false statements of a juror on voir dire prevented a fair trial. (b) If the prosecuting authority brought about any of the circumstances in subdivisions (a)(2)@) through (a)(2)(vi) of this section, with intent to cause termination of the trial, another prosecution is barred. (Emphasis added).”
    1 later decision quote this exact passage
  2. “is not required so long as the record provides sufficient justification for the trial judge's ruling on a mistrial. Id., citing Arizona v. Washington (1978), 434 U.S. 497 , 98 S.Ct. 824 , 54 L.Ed.2d 717 .”
    1 later decision quote this exact passage
  3. “for a mistrial was present, and thus authorizes reprosecution. On appeal, the decision of the trial court will be reversed only for an abuse of discretion, using”
    1 later decision 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.