Atchak v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rule that emerges from the Supreme Court’s decisions in [North Carolina v.] Pearce [ 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 ] and Blackledge [v. Perry, 417 U.S. 21 , 94 S.Ct. 2098 , 40 L.Ed.2d 628 ] is that the due process clause prohibits the state from retaliating against a defendant’s exercise of constitutional or statutory rights. Because the mere appearance of vindictiveness may deter a defendant from challenging the lawfulness of his conviction, due process concepts prohibit the state from ‘upping the ante.’ The rule applies whenever the prosecution has knowledge of the facts essential to the more serious charge at the time of the original indictment. The good faith or bad faith of the prosecutor is irrelevant and it is not necessary for the defendant to show actual vindictiveness. Absent an adequate justification for the superseding or additional charges, vindictiveness will be presumed. [Emphasis added.]”

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

2. “consistently held that courts should not hesitate to reverse a conviction when a substantial flaw in the underlying indictment is found, regardless of the strength of the evidence against the accused or the fairness of the trial leading to the conviction.”

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

3. “Without [a] close temporal — or otherwise apparent — link between the exercise of the right and the ‘penalty,’ there can be no ‘realistic likelihood of vindictiveness.’”

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