Spencer v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At what point along the continuum between indictment and trial and conviction for the lesser charge the additional facts necessary to sustain the greater charge must have occurred or been discovered in order for the prosecution of the greater charge to be barred by conviction of the lesser is not firmly established. Justice Brennan’s concurring opinion in Ashe v. Swenson, 397 U.S. 436 , 453 n. 7, 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970), suggests that if a crime is not completed or not discovered, despite diligence on the part of the police “until after the commencement of a prosecution for other crimes arising from the same transaction, an exception to the same transaction rale should be made to permit a separate prosecution.” In Blackledge v. Perry, 417 U.S. 21 , 29 n. 7, 94 S.Ct. 2098 , 40 L.Ed.2d 628 (1974), the Court referred to Diaz as a case in which it was impossible to charge the defendant with a more serious crime “at the outset.” The dissenting opinion of Justice Stevens in Garrett v. United States, 471 U.S. 773 , 105 S.Ct. 2407, 85 L.Ed.2d 764 (1985), suggests that “at the outset” may be at time of indictment for the lesser offense.”

   1 later decision quote this exact passage
   e.g. 166 Md. App. 135 - Warne v. State

2. “Our review of the relevant case law convinces us that in a case such as this, where a victim expires following the defendant’s convictions for lesser included assault offenses, but the victim’s death occurs prior to sentencing on those convictions, a subsequent prosecution on murder charges is not barred by the Fifth Amendment’s Double Jeopardy Clause. The Supreme Court and the Court of Appeals have not directly and explicitly answered this question, but have intimated on several occasions that the relevant inquiry in determining the applicability of the Diaz exception allowing a second prosecution is whether the State knew, or through due diligence should have known, of facts establishing the accused’s guilt at the time that the trial in the original prosecution is commenced.”

   1 later decision quote this exact passage
   e.g. 166 Md. App. 135 - Warne v. State

3. “We think, in the light of the facts which were known at the time of the robbery indictment, and considering that there were facts which were then unknown despite the exercise of due diligence, a reasonable prosecutor would not be satisfied that he or she would be able to establish Whittlesey’s guilt [of murder] beyond a reasonable doubt. Thus, the Diaz exception applies and serves to permit prosecution on the murder indictment. The Double Jeopardy Clause interposes no bar to prosecution under that indictment.”

   1 later decision quote this exact passage
   e.g. 166 Md. App. 135 - Warne v. State