64 Wash. App. 788 - State v. Kirk’s Empirical Analysis
1992
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently September 2013
21 state decisions
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 North Carolina v. Pearce · Green v. United States · Arizona v. Washington · United States v. DiFrancesco · 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It protects against a second prosecution for the same offense after acquittal. It protects against a second prosecution for the same offense after conviction. And it protects against multiple punishments for the same offense." North Carolina v. Pearce, 395 U.S. 711, 717 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969), overruled on other grounds in Alabama v. Smith, 490 U.S. 794 , 109 S.Ct. 2201 , 104 L.Ed.2d 865 (1989). It also protects the defendant's "valued right to have his trial completed by a particular tribunal." United States v. DiFrancesco, 449 U.S. 117, 128 , 101 S.Ct. 426 , 66 L.Ed.2d 328 (1980) (quoting Arizona v. Washington, 434 U.S. 497, 503 , 98 S.Ct. 824 , 54 L.Ed.2d 717 (1978) (quoting Wade v. Hunter, 336 U.S. 684, 689 , 69 S.Ct. 834 , 93 L.Ed. 974 (1949))). "[T]he protection of the Double Jeopardy Clause by its terms applies only if there has been some event, such as an acquittal, which terminates the original jeopardy." Richardson v. United States, 468 U.S. 317, 325 , 104 S.Ct. 3081 , 82 L.Ed.2d 242 (1984). Not only is retrial precluded under the double jeopardy provision of the Fifth Amendment in an appropriate case, but the government's appeal of a judgment of acquittal is similarly barred. United States v. Martin Linen Supply Co., 430 U.S. 564 , 97 S.Ct. 1349 , 51 L.Ed.2d 642 (1977).”
2 later decisions quote this exact passagee.g. State v. Linton · State v. Linton“we cannot infer a verdict of not guilty from the record . . . . The record discloses that the jurors were unable to agree on the greater offense.”
1 later decision quote this exact passagee.g. State v. Linton
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.