Hardwick v. Doolittle’s Empirical Analysis
558 F.2d 292 · 1977
Citation profile
87 federal appellate · 2 district · 32 state decisions
How this case has been cited
Cited by 162 later decisions (1 by the Supreme Court) — most recently January 2018 · most notably United States v. Phillips (1981), Texas v. McCullough (1986)
87 federal appellate · 2 district · 32 state decisions — followed in 19 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. § 1443 · 28 U.S.C. § 1446 · 28 U.S.C. § 1651
Relies on Blockburger v. United States · North Carolina v. Pearce · Townsend v. Sain · Fay v. Noia · Ashe v. Swenson
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 162 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n increase in the severity or number of charges if done without vindictiveness may [be justified by simple] explanation.”
6 later decisions quote this exact passage · from the majority“punish a pesky defendant for exercising his legal rights,”
6 later decisions quote this exact passage · from the majority“[A] prosecutor’s discretion to reindict a defendant is constrained by the due process clause. . . . [Office a prosecutor exercises his discretion to bring certain charges against a defendant, neither he nor his successor may, without explanation, increase the number of or severity of those charges in circumstances which suggest that the increase is retaliation for the defendant’s assertion of statutory or constitutional rights.”
5 later decisions 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.