State v. Fitzpatrick’s Empirical Analysis
1984
Citation profile
26 state decisions
How this case has been cited
Cited by 30 later decisions — most recently June 2017 · most notably State v. Tolliver (1992), State v. Fassero (2008)
26 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 Strickland v. Washington · Boykin v. Alabama · Johnson v. Zerbst · Faretta v. California · Jones v. Barnes
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The decision to call for a mistrial is in this respect quite different from the decision to forego a fundamental constitutional right such as the right to counsel (Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)), or the combination of rights relinquished by the entering of a guilty plea (Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)). In these latter instances, there must be ‘an intentional relinquishment or abandonment of a known right or privilege.’ Johnson v. Zerbst, 304 U.S. at 464 , 58 S.Ct. at 1023 ; see also Boykin v. Alabama, 395 U.S. at 243 , 89 S.Ct. at 1712 . However, it is clear that the voluntary waiver standard of Johnson v. Zerbst does not apply to the decision to request a mistrial. [United States v.] Dinitz, 424 U.S. [600] at 609 n. 11, 96 S.Ct. [1075] at 1080 n. 11 [ 47 L.Ed.2d 267 (1976)].”
1 later decision quote this exact passagee.g. Barnes v. State
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.