Mars v. Mounts’s Empirical Analysis
895 F.2d 1348 · 1990
Citation profile
13 federal appellate · 3 state decisions
How this case has been cited
Cited by 23 later decisions — most recently March 2017
13 federal appellate · 3 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. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Blockburger v. United States · North Carolina v. Pearce · Wainwright v. Sykes · Teague v. Lane · Burks v. United States
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.
“The scope of [Double Jeopardy guarantees] has not proven susceptible to rigid or mechanical rules of interpretation. Serfass v. U.S., 420 U.S. 377, 390 , 95 S.Ct. 1055, 1063-4 , 43 L.Ed.2d 265 (1975). The difficulty of interpretation "turns upon the meaning of the words ‘same offense,’ a phrase deceptively simple in appearance but virtually kaleidoscopic in application.” Whalen v. U.S., 445 U.S. 684, 700 , 100 S.Ct. 1432, 1442 , 63 L.Ed.2d 715 (1980) (Rehnquist, J., dissenting).”
1 later decision quote this exact passage · from the majoritye.g. Garcia v. State“One of the central objectives of the double jeopardy prohibition against successive trials is to prevent the state, with its unlimited resources, from using the first trial in the appellate process to pinpoint the inadequacies of its case. The double jeopardy clause forbids a second trial for the purpose of affording the prosecution “another opportunity to supply evidence that it failed to muster in the first trial.””
1 later decision quote this exact passage · from the dissente.g. Cueto v. Singletary“under a strict application of the Blockburger test, which looks only to the statutory elements of the indictments, the prosecution of Mars for second-degree murder after his acquittal of first-degree murder violates double jeopardy.”
1 later decision quote this exact passage · from the dissent
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.