545 So. 2d 853 - Rutherford v. State’s Empirical Analysis
1989
Citation profile
2 federal appellate · 19 state decisions
How this case has been cited
Cited by 23 later decisions (1 by the Supreme Court) — most recently June 2014
2 federal appellate · 19 state decisions
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
Relies on Caldwell v. Mississippi · Oregon v. Kennedy · United States Accardi v. Shaughnessy · Andrijevic v. Kelleran · Tamotsu Tanaka v. Creditors' Committee 1
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The objective of seeking to cause the other party to move for a mistrial is to “save” a losing case. Our review of the record in the first case convinces us the prosecutor’s motive was to introduce evidence that tended to convict Rutherford, not to create error that would force a new trial.”
3 later decisions quote this exact passage · from the majority“I can't do the time, but I'm damn sure gonna do the crime.”
2 later decisions quote this exact passage · from the majority“The general rule is that when a mistrial is declared upon the defendant’s motion or with his consent or because of a manifest, urgent, or absolute necessity, jeopardy does not attach and the defendant may be retried. McLendon v. State, 74 So.2d 656 (Fla.1954); State ex rel. Larkins v. Lewis, 54 So.2d 199 (Fla.1951). An exception occurs when the prosecution goads the defense into moving for a mistrial and gains an advantage from the retrial. Oregon v. Kennedy, 456 U.S. 667 , 102 S.Ct. 2083 , 72 L.Ed.2d 416 (1982).”
1 later decision quote this exact passage · from the majority
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.