United States v. Porter’s Empirical Analysis
807 F.2d 21 · 1986
Citation profile
22 federal appellate · 2 district · 12 state decisions
How this case has been cited
Cited by 37 later decisions — most recently May 2018 · most notably Evans v. Court of Common Pleas, Delaware County (1992), United States v. Miller (1992)
22 federal appellate · 2 district · 12 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
Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 1291
Relies on Burks v. United States · Tibbs v. Florida · Abney v. United States · Arizona v. Washington · United States v. DiFrancesco
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Porter cannot argue that the vacating of his conviction for legal error, on direct appeal from his first trial, marked the end to his original jeopardy; the doctrine of continuing jeopardy, implicit in United States v. Ball, and made explicit more recently [in Justices of Boston ], has long since rejected such claims.”
1 later decision quote this exact passage“Reversal for trial error ... does not constitute a decision to the effect that the government has failed to prove its case. As such, it implies nothing with respect to the guilt or innocence of the defendant.”
1 later decision quote this exact passage“strong interest in providing the government with a full and fair opportunity to prosecute a defendant whose conviction is reversed due to a trial error.”
1 later decision quote this exact passage
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.