8 Va. App. 236 - MacKenzie v. Commonwealth’s Empirical Analysis

Citation profile

20 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Only where the governmental conduct in question is intended to “goad” the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion.”

   4 later decisions quote this exact passage
   e.g. Robinson v. Commonwealth · 17 Va. App. 335 - Kemph v. Commonwealth

2. “[P]rosecutorial conduct, even if viewed as harassment or overreaching and sufficient to justify a mistrial, does not bar retrial absent proof of intent on the part of the prosecutor to subvert the protections afforded by the double jeopardy clause.”

   2 later decisions quote this exact passage
   e.g. Robinson v. Com. · 21 Va. App. 729 - Bennefield v. Commonwealth

3. “The suppression of evidence sought by discovery amounts to a due process violation only if it deprives the defendant of a fair trial, and the conviction will be reversed only if the evidence is material in the sense that its suppression undermines confidence in the outcome of the trial. Thus, failure to disclose exculpatory or impeachment evidence requires reversal only if the evidence was “material,” and evidence is “material” only if there is a reasonable probability that had the evidence been disclosed to the defense, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine the confidence in the outcome.”

   1 later decision quote this exact passage
   e.g. 16 Va. App. 638 - Boney v. Commonwealth