Mitchell v. Smith’s Empirical Analysis
633 F.2d 1009 · 1980
Citation profile
28
cited by 28 later decisions
3
states following
September 1993
most recently cited
12 federal appellate · 3 state decisions
Relationships
Relies on Wainwright v. Sykes · Benton v. Maryland · United States v. Jorn · Wade v. Hunter · United States v. Dinitz
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Supreme Court has not clearly delineated what kind of conduct constitutes such overreaching as will invoke the exception. This Court, however, recently has held that such overreaching occurs when the prosecutor ... intentionally provokes a mistrial in order to obtain a second opportunity to convict or even absent such a provocation ... if the ... prosecutorial error was motivated by bad faith or undertaken to harass or prejudice the petitioner. [ 633 F. 2d at 1011 ]”
1 later decision quote this exact passage · from the majority“there has been an 'abuse' of the trial process resulting in prejudice to the accused ... such as to outweigh society's interest in the punishment of crime.”
1 later decision quote this exact passage · from the majority“whether the prosecutor's error was intentional or merely inadvertent.”
1 later decision quote this exact passage · from the majority
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.