State v. Allen’s Empirical Analysis

Citation profile

2 federal appellate · 24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The jury may be discharged by the court . . . after they have been kept together until it satisfactorily appears that there is no probability of their agreeing.””

   3 later decisions quote this exact passage
   e.g. State v. Blockyou · State v. Tucker

2. ““When an order is made by a trial court discharging a jury without verdict, to which has been committed the question of the guilt or innocence of a prisoner charged with a crime, the record ought to show affirmatively the existence of the fact which induced such order and justified the exercise of such extraordinary power. This much seems to be demanded in order to preserve to the prisoner the full benefit of the' constitutional requirement in his behalf.” (Page 80. See, also, The State v. Reed, 53 Kan. 767 , 37 Pac. 174 , 42 Am. St. Rep. 322 .)”

   1 later decision quote this exact passage
   e.g. State v. Curry

3. ““First, an absolute necessity for such discharge; second, the court must make inquiry and find and determine that such necessity existed at the time of the discharge ; and, third, the essential facts as to such necessity and the findings of the court thereon must be made a matter of record; or the defendant may successfully plead former jeopardy when placed on trial on the same charge.” (Page 761.)”

   1 later decision quote this exact passage
   e.g. State v. Klauer