McCorkle v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the crucial question for manifest necessity due to witness unavailability is whether the prosecution was aware of witness unavailability at the time jeopardy attaches
• explaining that the crucial question for manifest necessity due to witness unavailability is whether the prosecution was aware of witness unavailability at the time jeopardy attaches
• noting the missing witness was key, with \both parties ha[ving] made extensive references to this witness's expected testimony\ during their opening statements
• affirming trial judge's exercise of sound discretion in declaring mistrial when key witness became ill and did not appear during trial and State prosecution was unable to locate witness despite doing everything it could to get witness to court
• affirming trial judge's exercise of sound discretion in declaring mistrial when key witness became ill and did not appear during trial and State prosecution was unable to locate witness despite doing everything it could to get witness to court

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• United States v. Frank Stevens
  Sixth Circuit· 1999-05-27· cited 28×
• State v. Gutierrez
  New Mexico Court of Appeals· 2011-10-25· cited 6×
• In re Petition for Habeas Corpus by Bowman
  Supreme Court of Kansas· 2019-05-17· cited 5×
• Hubbard v. State
  Court of Special Appeals of Maryland· 2005-12-08· cited 1×
• State v. Gutierrez
  New Mexico Court of Appeals· 2012-01-25

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

• Burks v. United States
  Supreme Court· 1978-06-14· cited 4,912×
• Benton v. Maryland
  Supreme Court· 1969-06-23· cited 4,063×
• Green v. United States
  Supreme Court· 1957-12-16· cited 3,075×
• Arizona v. Washington
  Supreme Court· 1978-02-21· cited 2,314×
• United States v. Jorn
  Supreme Court· 1971-01-25· cited 2,215×
• Oregon v. Kennedy
  Supreme Court· 1982-05-24· cited 2,097×
• United States v. Perez
  Supreme Court· 1824-03-23· cited 1,814×
• Wade v. Hunter
  Supreme Court· 1949-04-25· cited 1,511×
• United States v. Ball
  Supreme Court· 1896-05-25· cited 1,376×
• Illinois v. Somerville
  Supreme Court· 1973-02-27· cited 1,368×
• Downum v. United States
  Supreme Court· 1963-04-22· cited 985×
• Richardson v. United States
  Supreme Court· 1984-06-29· cited 873×
• Hudson v. Louisiana
  Supreme Court· 1981-02-24· cited 769×
• Gori v. United States
  Supreme Court· 1961-10-09· cited 679×
• Fong Foo v. United States
  Supreme Court· 1962-03-19· cited 557×
• Simmons v. United States
  Supreme Court· 1891-12-21· cited 348×
• Thompson v. United States
  Supreme Court· 1894-12-03· cited 247×
• Brock v. North Carolina
  Supreme Court· 1953-02-02· cited 169×
• Atchison, Topeka & Santa Fe Railway Co. v. Marsh
  Supreme Court· 1981-11-30· cited 148×
• Bevan v. Trustees of Penn Central Transportation Co.
  Supreme Court· 1974-02-25· cited 142×