Ex Parte Bauder’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... on the one hand, whether the appellant's motion for mistrial was a choice he made in response to ordinary reversible error in order to avoid conviction, appeal, reversal, and retrial. Or, on the other hand, was he required to move for mistrial because the prosecutor deliberately or recklessly crossed "the line between legitimate adversarial gamesmanship and manifestly improper methods"... that rendered trial before the jury unfair to such a degree that no judicial admonishment could have cured it?”

   8 later decisions quote this exact passage · from the dissent
   e.g. Ruby Washington Hill v. State · Ex Parte Wheeler

2. “Under this rule, the prosecutor is not accountable for mistrials when the trial judge need not have granted the defendant’s motion. But he is accountable for mistrials properly granted by the trial judge when the events making a mistrial necessary were of his own deliberate or reckless doing.”

   1 later decision quote this exact passage · from the dissent
   e.g. Ex Parte Peterson