Rivers v. Lucas’s Empirical Analysis

Citation profile

15 federal appellate · 3 district · 8 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We affirm that there is implicit in a court's acceptance of a plea to an included lesser offense a determination that the right to prosecute the defendant on the more serious offense with which he is charged has been relinquished. The effect of the entire transaction for double jeopardy purposes, is the equivalent of a jury's refusal to convict on the more serious charge. Only if this is true may a defendant seek review of his conviction without being faced with the `incredible dilemma' of choosing between a legal right of appeal and the possibility that success will revive the hazard of conviction of a charge which the prosecution had willingly abandoned in exchange for his plea. Mullreed v. Kropp, supra, [425 F.2d] at 1102. The continuation principle of jeopardy makes it possible for appellee Rivers to be tried again for the same offense of which he was convicted by his guilty plea (manslaughter), but his successful appeal did not open the way for him to be once again subjected to the risk of a prosecution for murder." As to the effect of Santobello , the court wrote: "* * * In stating that the defendant would plead anew to the original charge on two counts if the trial court should permit him to withdraw his original guilty plea, the Court did not say or even intimate, that he could not plead the constitutional prohibition against double jeopardy as a bar to prosecution on the more serious of the two counts. The language of the Supreme Court places no limitation on the na”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Anderson · Clark v. State

2. ““The only thing left for him to do in the state courts is to submit to trial . . . . Since exposure to the risk of conviction is the very thing he is seeking to avoid, this step is not necessary for a complete exhaustion of state remedies where freedom from double jeopardy is the right sought to be preserved. . . . [T]here is a valid consideration of judicial economy.” Rivers v. Lucas, 477 F.2d 199 (6th Cir., decided and filed April 24, 1973) at 202-203.”

   2 later decisions quote this exact passage · from the majority
   e.g. Thomas v. Beasley · 379 F. Supp. 195 - Beasley v. Thomas

3. ““. . .we have found no Supreme Court decision which holds that pretrial habeas corpus relief is the equivalent of an .injunction to stay proceedings in a state court”,”

   2 later decisions quote this exact passage · from the majority
   e.g. Theriault v. Lamb · 379 F. Supp. 195 - Beasley v. Thomas