Lofton v. State’s Empirical Analysis
1989
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently June 2018
16 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 · Burks v. United States · Abney v. United States · Wade v. Hunter · Richardson v. United States
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The safeguard afforded by our constitutional provisions is against being twice put in jeopardy for the same offense. Succinctly stated, they protect against a second prosecution for the same offense after acquittal, against a second prosecution for the same offense after conviction and against multiple punishments for the same offense, (cite omitted) Obviously, applicant has not gained an acquittal nor suffered a conviction or any punishment. He faces another trial for the same offense because the trial court granted his motion for a new trial on a ground other than his claim that the evidence was in-sufficient_ The principal reason applicant is not entitled to relief is that under the facts of this cause he is not being threatened with exposure to “double” jeopardy. Although it attached in the first trial, jeopardy was not terminated by an acquittal or conviction. After hearing, the trial judge did not order an acquittal for insufficient evidence; rather, the court set aside the verdict and vacated its judgment by granting a new trial on motion by applicant, thereby restoring the case “to its position before the former trial.” Therefore, as with a new trial after a mistrial, initial jeopardy continues.”
1 later decision quote this exact passagee.g. Carter v. State“Here, appellant is not subjected to double jeopardy. He has not gained an acquittal nor suffered a conviction. He has not been sentenced to any form of punishment. He faces another trial for the same offense because the trial court granted his motion for new trial.”
1 later decision quote this exact passagee.g. LeBlanc 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.