Koehler v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Whether there exists a probability of agreement should be determined by (1) questioning the jurors as to their inability to agree without any attempt on the trial judge's part to ascertain how the jurors stand on the question of innocence or guilt and (2) considering the length of the deliberations, the length of the trial, and the nature or complexity of the case.... In exercising its discretion the trial court need not make express findings pertaining to its decision to discharge the jury. However, the record must clearly support the trial court's implicit finding of "no prospect of agreement." [ 6 ]”

   2 later decisions quote this exact passage
   e.g. Staael v. State · Artemie v. State

2. “No person shall be put in jeopardy twice for the same offense. No person shall be compelled in any criminal proceeding to be a witness against himself.”

   2 later decisions quote this exact passage · from the dissent
   e.g. MacPherson v. State · Torres v. State

3. “there is 'no probability' that a unanimous verdict will be reached.”

   2 later decisions quote this exact passage
   e.g. Adam Charles Dere v. State of Alaska · Artemie v. State