Koski v. Samaha’s Empirical Analysis
648 F.2d 790 · 1981
Citation profile
4 federal appellate · 2 state decisions
How this case has been cited
Cited by 8 later decisions — most recently September 2020
4 federal appellate · 2 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 · Bordenkircher v. Hayes · Sumner v. Mata · Blackledge v. Perry · North Carolina v. Rice
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[Sentencing, unlike bringing new charges, is the province of the judge. To overturn a conviction or vacate a sentence on the theory that it was tainted by ‘vindictiveness’ in the prosecutor’s . . . recommendation is to suggest that it was the prosecutor not the judge who was running the court----[0]ur adversary system proceeds on the notion that lawyers may often take positions at extreme ends of the spectrum, leaving it to the court to find a proper accommodation in between.””
1 later decision quote this exact passage · from the majoritye.g. State v. Gallant“provide a totally unjustifiable windfall to a petitioner who has not been injured by the actions of which [the petitioner] complains.”
1 later decision quote this exact passage · from the dissente.g. Henderson v. Frank
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.