Case Citator › United States v. Jenkins

United States v. Jenkins

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of the United States
Citation
420 U.S. 358
Decided
Confirmed treatments
1
Flagged citations read
75 of 75
Citing cases (total)
369
Treatment dates
1978
Overruled
A reviewed court has overruled this case. United States v. Jenkins was overruled by the Supreme Court in United States v. Scott. Jenkins barred a government appeal from a post-jeopardy dismissal when reversal would require further factfinding.
More on how this was screened

Scott rejected that rule for a defendant's requested midtrial dismissal on grounds unrelated to factual guilt or innocence. All 75 flagged citations were read; the one confirmed adverse treatment is listed below. Later opinions chiefly report Scott's act rather than make a new adverse holding. The text of eleven flagged opinions did not contain the Jenkins citation.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

369 later cases cite United States v. Jenkins; 75 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on United States v. Jenkins?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled

  • The Court overruled Jenkins's bar on a government appeal from a defendant-requested midtrial dismissal unrelated to guilt or innocence.

    United States v. Scott · Supreme Court of the United States · filed

    Accordingly, the contrary holding of United States v. Jenkins is overruled.
    Read the full opinion on CourtListener →

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