Moore v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is settled that jeopardy, in the sense of the constitutional guarantee against double jeopardy, attaches when the jury is impaneled and sworn. Crist v. Bretz, 437 U.S. 28, 38 , 98 S.Ct. 2156, 2162 , 57 L.Ed.2d 24A (1978); McElwee v. State, 589 S.W.2d 455, 457 (Tex.Cr.App. 1979). Accordingly, when the indictment's second count was dismissed after jeopardy attached when the jury was impaneled and sworn, the dismissal was tantamount to an acquittal of the charge of aggravated assault, Black v. State, 143 Tex.Cr.R. 318 , 158 S.W.2d 795, 796 (1942); and, thereafter, appellant cannot be prosecuted for that act. Ex parte Scelles, 511 S.W.2d 300, 301 (Tex.Cr.App. 1974)."”

   3 later decisions quote this exact passage
   e.g. Ex Parte McAfee · Garza v. State

2. “[n]o 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.”

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

3. “"... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ..."”

   1 later decision quote this exact passage
   e.g. Ex Parte McAfee