United States v. Dinitz’s Empirical Analysis
492 F.2d 53 · 1974
Citation profile
20 federal appellate · 8 state decisions
Relationships
Applies 18 U.S.C. § 401 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Glasser v. United States · United States v. Jorn · Illinois v. Somerville · Ball v. United States · Downum 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(t)he trial courts will understand that society will be better served by completing a trial, even after clear error has arisen and the defendant seeks the mistrial, than the alternative of a mistrial and the possible bar of double jeopardy based on the error.”
3 later decisions quote this exact passage · from the majority“something more substantial than a Hobson's choice”
3 later decisions quote this exact passage · from the majority“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 · from the majoritye.g. MacPherson v. State
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.