783 So. 2d 69 - Ex Parte Tribble’s Empirical Analysis

Citation profile

5 state decisions

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

1. “"The Fifth Amendment protects a defendant against a second prosecution for the same offense after an acquittal. Jeopardy attaches in a jury trial when the jury is empaneled and sworn. Once jeopardy attaches, retrial of a defendant after a mistrial is barred unless the trial court declared the mistrial because of `manifest necessity.' Further, for the trial court to declare a mistrial, a `high degree of manifest necessity' must be demonstrated .... However, a mistrial should be granted only as a last resort `where it is apparent that justice cannot be afforded' otherwise."”

   2 later decisions quote this exact passage
   e.g. 958 So. 2d 860 - Ex Parte Head · 935 So. 2d 421 - Ex Parte Benford

2. “"The court or presiding judge in all cases of jury trial may discharge the jury without giving a verdict, with the consent of all parties to the trial or without the consent of the parties, when, in the opinion of the court or judge, there is a manifest necessity for the discharge or when the ends of justice would otherwise be defeated. In all cases in which the jury is discharged without a verdict, a mistrial shall be entered upon the minutes of the court, assigning the reason or cause for the mistrial, and no person shall gain any advantage by reason of such discharge of the jury." 2”

   1 later decision quote this exact passage
   e.g. Ex Parte Bishop

3. “Because the jury had reached an unanimous decision on that charge, no `manifest necessity' existed for the trial judge to declare a mistrial on the charge.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte Bishop