Mercado v. Dart’s Empirical Analysis
604 F.3d 360 · 2010
Citation profile
6 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1442 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Cohen v. Beneficial Industrial Loan Corp. · Mitchell v. Forsyth · Bell v. Wolfish · Will v. Michigan Department of State Police · Hans v. State of Louisiana
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is hard to imagine that the Justices have authorized public officials to bring trials to a halt and disband the jury while a pre-verdict appeal proceeds. As a practical matter that would give every public official a right to a mistrial in every § 1983 suit that seemed to be going the plaintiffs way, because once a trial stops jurors are likely to forget the evidence, to come across information they are not supposed to read, to discuss the trial with friends and relatives, or all three. Appellate delay would compel the trial to start over with a new jury. Mercado, 604 F.3d at 363 .”
1 later decision quote this exact passagee.g. Taylor v. Rogich
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.