56 Wash. App. 57 - State v. Clemons’s Empirical Analysis
1989
Citation profile
7 state decisions
Relationships
Relies on Oregon v. Kennedy · 113 Wash. 2d 273 - State v. Hopson · State ex rel. Lefebvre v. Clifford · 99 Wash. 2d 158 - State v. Weber · 44 Wash. 2d 828 - State Ex Rel. Mauerman v. SUP'R CT. FOR THURSTON CTY.
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Clemons did not choose to file an affidavit when the case was first assigned to the trial judge, presumably because he was satisfied that he would receive a fair trial. The only change of circumstance is that the judge has made discretionary rulings which Clemons presumably now feels to be unfavorable. This is exactly the "judge shopping" that the timeliness requirement [of RCW 4.12.050] is designed to prevent. A retrial following a mistrial does not constitute double jeopardy. While the policy considerations are somewhat different, this rule supports treating a retrial as "in the case" and not as a "new proceeding." This result is also consistent with the view that a retrial follows a trial which for one reason or another was not completed, with the purpose of completing the unfinished business. This interpretation implements the statutory purpose by allowing a party to eliminate a judge in advance to enhance the sense of fairness, but prohibits the elimination of a judge once he has made discretionary rulings ....”
1 later decision quote this exact passage“Clemons, 56 Wn. App. at 60 (citing State ex rel. Mauerman v. Superior Court, 44 Wn.2d 828, 830 , 271 P.2d 435 (1954)). The opinion concludes with the following observations: Clemons did not choose to file an affidavit when the case was first assigned to the trial judge, presumably because he was satisfied that he would receive a fair trial. The only change of circumstance is that the judge has made discretionary rulings which Clemons presumably now feels to be unfavorable. This is exactly the”
1 later decision quote this exact passage“present[ed] new issues arising out of new facts occurring since the entry of the decree.”
1 later decision quote this exact passage
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.