Fain v. Duff’s Empirical Analysis
488 F.2d 218 · 1973
Citation profile
24 federal appellate · 1 district · 19 state decisions
How this case has been cited
Cited by 57 later decisions (1 by the Supreme Court) — most recently August 2017 · most notably Breed v. Jones (1975), United States v. Evans (1978)
24 federal appellate · 1 district · 19 state decisions — followed in 10 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
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2283
Relies on Younger v. Harris · Fay v. Noia · Benton v. Maryland · Green v. United States · Ball v. United States
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Fain is not asserting merely a federal defense to a state prosecution. He is asserting a constitutional right not to be twice put in jeopardy for the same offense. Although double jeopardy (if shown) would certainly be a proper defense to assert at trial and in post-conviction proceedings, the right consists of more than having the second conviction set aside. It consists of being protected from having to undergo the rigors and dangers of a second — illegal — trial. Double jeopardy is not a mere defense to a criminal charge; it is a right to be free from a second prosecution, not merely a second punishment for the same offense “(though that is obviously included in the right.) The prohibition of the Double Jeopardy Clause is “not against being twice punished, but against being twice put in jeopardy.””
2 later decisions quote this exact passage · from the majority“[t]he exhaustion of state remedies ... was [originally] left in the discretion of the district court, [but] the requirement soon became known as a jurisdictional one. With respect to collateral attack on convictions in state court, the requirement was codified in 28 U.S.C. § 2254 (b), but the requirement applies to all habeas corpus actions.”
2 later decisions quote this exact passage · from the majority“"Although commitment to the Division of Youth Services may result in the juvenile being allowed to return to his home, it may also result in incarceration until age 21. Fain's commitment to the division resulted from his having been found delinquent. And his being found delinquent resulted from his having violated a criminal law of the State of Florida. F.S.A. § 39.01(9). Thus a violation of the criminal law may directly result in incarceration. This is a classic example of `jeopardy.'"”
1 later decision quote this exact passage · from the majoritye.g. Garrison v. Jennings
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.