McElwee v. State’s Empirical Analysis
1979
Citation profile
50 state decisions
How this case has been cited
Cited by 51 later decisions — most recently July 2009 · most notably Torres v. State (1981), Durrough v. State (1981)
50 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 Mapp v. Ohio · Benton v. Maryland · Duncan v. State of Louisiana · Linkletter v. Walker · United States v. Jorn
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.”
2 later decisions quote this exact passage · from the majoritye.g. Ex Parte McAfee · Matter of DM“The reason for holding that jeopardy attaches when the jury is empaneled and sworn lies in the need to protect the interest of an accused in retaining a chosen jury. That interest was described ... as a defendant’s “valued right to have his trial completed by a particular tribunal.” It is an interest with roots deep in the historic development of trial by jury in the Anglo-American system of criminal justice. Throughout that history there ran a strong tradition that once banded together a jury should not be discharged until it had completed its solemn task of announcing a verdict. Regardless of its historic origin, however, the defendant’s “valued right to have his trial completed by a particular tribunal” is now within the protection of the constitutional guarantee against double jeopardy, since it is that “right” that lies at the foundation of the federal rule that jeopardy attaches when the jury is empaneled and sworn.”
1 later decision quote this exact passage · from the majoritye.g. Ex Parte Legrand
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.