Mitchell v. Cody’s Empirical Analysis
783 F.2d 669 · 1986
Citation profile
1 federal appellate · 3 state decisions
How this case has been cited
Cited by 6 later decisions — most recently March 2023
1 federal appellate · 3 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 Brown v. Ohio · Garrett v. United States · Diaz v. United States · Jeffers v. United States · Heath v. Alabama
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The homicide charged against the accused ... and the assault and battery for which he was tried .. . although identical in some of their elements, were distinct offenses both in law and in fact. The death of the injured person was the principal element of the homicide, but was no part of the assault and battery. At the time of the trial for the latter the death had not ensued, and not until it did ensue was the homicide committed. Then, and not before, was it possible to put the accused in jeopardy for that offense.”
1 later decision quote this exact passage · from the majority“prosecution for the greater offense is allowed, 'when an element of the greater offense has not occurred at the time of the prosecution for the lesser offense1”
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.