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← 760 F.2d 1097 - Young v. Kemp

Young v. Kemp’s Empirical Analysis

760 F.2d 1097 · 1985

Citation profile

22
cited by 22 later decisions
1
states following
April 2011
most recently cited

10 federal appellate · 1 state decisions

How this case has been cited

Cited by 22 later decisions — most recently April 2011

10 federal appellate · 1 state decisions

1201985199020002010decided

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 Jackson v. Virginia · North Carolina v. Pearce · Gregg v. Georgia · Burks v. United States · Tibbs v. Florida

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

  1. “In the first instance, it is important to ask whether a finding of constitutional insufficiency is reviewable at all, that is, whether double jeopardy attaches as soon as a court makes its determination of insufficiency. This court has assumed otherwise — that it can reverse a federal district court’s habeas determination of insufficient evidence — and it has done so when it found the lower court to be in error. Martin v. Alabama, 730 F.2d 721, 723 (11th Cir.1984). At first blush, this might seem to be at odds with the general proposition that a judgment of acquittal amounts to former jeopardy. However, where a reviewing court is assessing the sufficiency of the evidence in a case in which the defendant was originally convicted in the trial court (e.g., all federal habeas proceedings), a reversal of the reviewing court’s insufficiency finding would not result in a retrial of the defendant. While a jury verdict of acquittal is absolutely final, see Burkes v. United States, 437 U.S. 1, 16 , 98 S.Ct. 2141, 2150 , 57 L.Ed.2d 1 (1978), a judgment of acquittal after a jury conviction or an appellate reversal on the basis of insufficient evidence does not always amount to former jeopardy. There is a narrow exception in cases where an original jury verdict of guilty is set aside and a judgment of acquittal is entered on sufficiency of the evidence grounds either by the trial judge or by an intermediate appellate court. In such a case, it has been held that double jeopardy does not pr”
    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.