Hoover v. State’s Empirical Analysis
2009
Citation profile
4
cited by 4 later decisions
1
states following
March 2026
most recently cited
3 state decisions
Relationships
Relies on Ashe v. Swenson · Brown v. Ohio · Green v. United States · United States v. Powell · Dunn 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Collateral estoppel, also known as issue-preclusion, provides that “when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit.” Ashe v. Swenson, 397 U.S. 436, 443 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970). Collateral estoppel is a component of the Fifth Amendment’s double jeopardy protections. Id. at 445 , 90 S.Ct. 1189 . However, collateral estoppel “ ‘will not often be available to a criminal defendant,’ for ‘it is not often possible to determine with precision how the judge or jury has decided any particular issue.’ ” 5 Wayne R. Lafave et al., Criminal Procedure § 17.4(a) (3d ed.2007) (quoting Walter V. Schaefer, Unresolved Issues in the Law of Double Jeopardy; Waller and Ashe, 58 Cal. L. Rev. 391 , 394 (1970)).”
1 later decision quote this exact passage“(a) A prosecution is barred if there was a former prosecution of the defendant based on the same facts and for commission of the same offense and if: (1) the former prosecution resulted in an acquittal or a conviction of the defendant (A eonviction of an included offense constitutes an acquittal of the greater offense, even if the conviction is subsequently set aside.); ....”
1 later decision quote this exact passage“Hoover's conviction on the lesser-included robbery offense constitutes an acquittal on the greater felony-murder charge, notwithstanding the jury's express deadlock. The State is therefore barred from retrying Hoover for felony murder.”
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.