State v. Pickering’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he plea of double jeopardy is available only when the separate offenses are in substance the same, so that the evidence which proves the one would prove the other and if an essential element of one is not necessarily present in the other there is no former jeopardy.”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. West · In Re Mehrer

2. ““Traditionally this Court has held that a plea of former acquittal is an affirmative defense to be pled and as a result is not to be considered in a demurrer. State v. Magnuson, 1925, 48 S.D. 112 , 202 N.W. 638 . The Magnuson case, supra, together with the case of State v. Kieffer, 1903, 17 S.D. 67 , 95 N.W. 289 , have held that since a plea of former jeopardy is an affirmative defense, it presents an issue which should be submitted to the jury. “In the instant case, however, there seems to be no question of fact for the jury to determine, since there seems to be no question as to the date of the alleged offense, the identity of the property in question or the identity of the defendant. It would therefore appear that the question as to whether or not the defendant had once been placed in jeopardy was completely a question of law to be determined by the court.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. West

3. “the same act and crime, both in law and in fact , upon which the first prosecution was based.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. McMillen