Bally v. Kemna’s Empirical Analysis
65 F.3d 104 · 1995
Citation profile
7 federal appellate · 1 district · 7 state decisions
How this case has been cited
Cited by 19 later decisions — most recently December 2024
7 federal appellate · 1 district · 7 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Burks v. United States · Brown v. Ohio · United States v. Jorn · Whalen v. United States · 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]he Double Jeopardy Clause prohibits prosecution of a defendant for a greater offense when he has already been tried and acquitted or convicted on the lesser included offense.” [Ohio v. Johnson, 467 U.S. 493 ,] 501, 104 S.Ct. [2536,] 2542, 81 L.Ed.2d 425 [(1984)]. Where, as here, “successive prosecutions are at stake, the [Double Jeopardy Clause] serves a ‘constitutional policy of finality for the defendant’s benefit.’ ” Brown v. Ohio, 432 U.S. at 165, 97 S.Ct. at 2225 (quoting United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547, 554 , 27 L.Ed.2d 543 (1971) (plurality opinion)). More specifically, “the bar to retrial following acquittal or conviction ensures that the State does not make repeated attempts to convict an individual, thereby exposing him to continued embarrassment, anxiety,' and expense, while increasing the risk of an erroneous conviction or an impermissibly enhanced sentence.” Ohio v. Johnson, 467 U.S. at 498-99 , 104 S.Ct. at 2540 .”
1 later decision quote this exact passage · from the majority“several federal courts have questioned the rationale of cases holding that jeopardy attaches upon acceptance of a guilty plea,”
1 later decision quote this exact passage · from the majority“that jeopardy attached when the court accepted the guilty plea”
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.