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6 canonical passages across 4 cases, quoted by 110 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Oregon v. Kennedy.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Oregon v. Kennedy Anchor | green | “only where the governmental conduct in question is intended to 'goad' the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion.” | 50 |
| 2 | Oregon v. Kennedy | green | “intended to 'goad' the defendant into moving for a mistrial.” | 26 |
| 3 | Oregon v. Kennedy | green | “the conduct giving rise to the successful motion for a mistrial was intended to provoke the defendant into moving for a mistrial.” | 23 |
| 4 | Marshall v. State | green | “the proceedings may have gone amiss” | 5 |
| 5 | United States v. Harry Gilmore, Eddie Bell, Patrick Bray, and Troy Martin | green | “the key question is whether the prosecutor deliberately introduced the error in order to provoke the defendant into moving for a mistrial, and thereby rescuing a trial going badly.” | 4 |
| 6 | United States v. Mark Higgins, Thaddeus Harrison, and Orlando Potts | green | “the constitution treats matters as if the mistrial had been declared on the prosecutor's initiative,” | 2 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.