Beverly v. Jones’s Empirical Analysis
854 F.2d 412 · 1988
Citation profile
10 federal appellate · 7 state decisions
How this case has been cited
Cited by 28 later decisions — most recently February 2012 · most notably Stephens v. State (1991), McBride v. Sharpe (1994)
10 federal appellate · 7 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Blockburger v. United States · Bonner v. City of Prichard · Burks v. United States · Benton v. Maryland · Brown v. Ohio
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““B. “Having concluded that the offenses for which Beverly was convicted are the same insofar as the Double Jeopardy Clause is concerned, we consider next the contention that he was wrongfully prosecuted for murder following the Court of Criminal Appeals’ acquittal on the greater offense of robbery when the victim is intentionally killed. Relying primarily on Burks v. United States, 437 U.S. 1 , 98 S.Ct. 2141 , 57 L.Ed.2d 1 (1978), Beverly argues that the appellate reversal of the 1981 conviction based on evidentiary insufficiency is the operative equivalent of a judgment of acquittal on the offense, and all of the lesser offenses included therein, including murder. “In Burks , the Supreme Court held that the Double Jeopardy Clause precludes a second trial for an alleged offense once a reviewing court has determined that the evidence introduced at trial was insufficient to sustain the verdict. Id., at 18 , 98 S.Ct. at 2150. The Court, in a companion case, applied the Burks rule to a state criminal proceeding. Greene v. Massey, 437 U.S. 19, 24 , 98 S.Ct. 2151, 2154 , 57 L.Ed.2d 15 (1978). Through these cases, the Court carved out a narrow exception to the rule announced long ago in United States v. Ball, 163 U.S. 662 , 16 S.Ct. 1192 , 41 L.Ed. 300 (1896), that a criminal defendant who successfully appeals a judgment against him ‘may be tried anew ... for the same offense of which he had been convicted.’ Id., at 672 , 16 S.Ct. at 1195 . Two closely related policies underlie the ”
2 later decisions quote this exact passage · from the majoritye.g. Evans v. State · Stephens v. State“[A] state's interpretation of its own laws provides no basis for federal habeas relief since no question of a constitutional nature is involved.”
1 later decision quote this exact passage · from the majoritye.g. Garcia v. Perringer
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.