Public-domain · open source
OpenJurist
← 620 SO2D 1234 - Thomason v. State

Thomason v. State’s Empirical Analysis

1993

Citation profile

41
cited by 41 later decisions
4
states following
June 2018
most recently cited

41 state decisions

How this case has been cited

Cited by 41 later decisions — most recently June 2018 · most notably 770 So. 2d 1221 - State v. Gaines (2000), 799 So. 2d 997 - Lebron v. State (2001)

41 state decisions

190199320002010decided

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 Green v. United States · United States v. Jorn · Arizona v. Washington · Oregon v. Kennedy · Wade v. Hunter

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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Because the right not to be subjected to double jeopardy is so important and because it is frustrated when a trial ends before a verdict is reached, the State bears a heavy burden in justifying a mistrial over the objection of a defendant. ... Doubt about whether the mistrial is appropriate is resolved “in favor of the liberty of the citizen.” ... The State must demonstrate “manifest necessity” for the mistrial, a requirement that has been part of this country’s jurisprudence since 1824_ The manifest necessity standard must be applied on a case-by-case basis and cannot be applied mechanically.”
    4 later decisions quote this exact passage
  2. “absent circumstances thwarting the State's one full and fair opportunity to present its case, the right of a defendant to completion of his or her trial by a particular tribunal should control,”
    3 later decisions quote this exact passage
  3. “The Double Jeopardy Clause of the Fifth Amendment protects a defendant in a criminal proceeding against multiple punishments or repeated prosecutions for the same offense. See United States v. Wilson, 420 U.S. 332, 343 [ 95 S.Ct. 1013 , 43 L.Ed.2d 232 ] [(1975)]; North Carolina v. Pearce, 395 U.S. 711, 717 [ 89 S.Ct. 2072 , 23 L.Ed.2d 656 ] [(1969)]. Underlying this constitutional safeguard is the belief that “the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty.” Green v. United States, 355 U.S. 184, 187-188 [ 78 S.Ct. 221 , 2 L.Ed.2d 199 ] [(1957)].”
    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.