Jerry v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is apparent that the United States Supreme Court in Pearce, supra, was attempting to prevent a judge (as distin-tinguished from a jury in the instant case) from imposing a more severe sentence upon a defendant after a new trial absent objective information concerning the defendant’s conduct occurring after the time of the original sentencing proceeding. In Fillmore v. State, supra, [Okl.Cr., 483 P.2d 750 ] this Court declined to expand the rule pronounced by the United States Supreme Court in Pearce, supra, to hold that in all cases a court could not on the second trial, impose a greater punishment than was assessed at the first trial. Notwithstanding the later case of Torbett v. State, Okl.Cr., 487 P.2d 357 , we reaffirmed the holding of Fillmore, supra, that neither the double jeopardy provision nor the Equal Protection Clause of the Constitution imposes an absolute bar to a more severe sentence assessed by a jury upon reconviction at a second trial. Torbett, supra, is expressly overruled. We, therefore, find this proposition to be without merit.””

   1 later decision quote this exact passage
   e.g. State v. Martin

2. ““. . .No reason is given why process was not procured for the witness at an earlier date. The law requires diligence in these matters. A defendant cannot sit still and wait until just before his trial before he begins to get ready for trial. He must be diligent; and, if special reasons exist upon which a reasonably prudent man would rely, which would cause him to fail to exercise the utmost diligence, he must state these reasons in his motion for a continuance as an excuse for not having exercised the utmost diligence. . .”

   1 later decision quote this exact passage
   e.g. Hill v. State