Wolfson v. United States’s Empirical Analysis

Citation profile

25 federal appellate · 4 district · 5 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But this irregularity in choosing the five grand jurors will not avail (after the jury has been sworn, and have found indictments) as ground for quashing the indictment so found, either on plea in abatement or otherwise, when it appears that the jux-ors so irregularly chosen were competent and qualified jurors, residing ixx the district, and that the oixly irregularity consists in the method of selecting them. * * * If the point to be decided by the court was to be determined solely with reference to the common law, and without reference to local laws, the better opinion seems to be that no objection to an indictment ought “to be allowed, based merely on an irregularity in the manner of selecting a part or the whole of the grand jury which found the bill, if, in all other respects, they were duly-qualified jurors. Thus, in Thompson and Merriam on Juries, it is said that the only objection which can be taken to the grand jurors by plea in abatement, after1- they had been sworn and made presentmeixts, ‘must be such as would disqualify the juror to serve in any case; in other words, the plea must show the absence of positive qualifications demanded by law,’ and not merely an irregularity in the method of selection. Vide Thomp. & M. Juries, §§ 533-536, inclusive, and authorities cited.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Nevin

2. ““A defendant under bond, whose case is to be examined by the grand jury, should, if opportunity is presented, make his objections to the grand jury before it passes on his case. He should not be permitted, knowing that his case is to,,¡be presented to the grand jury, and having an opportunity to object to its competency, to wait, and take chances, and then object to it after an indictment is found.” (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. West Coast News Co.

3. ““The court ordered that the names of 23 persons be drawn to constitute the grand jury. The court also ordered that 10 additional names of persons be drawn to serve as grand jurors. The grand jury was organized by first calling the 23 persons first drawn. Sixteen of them appeared, and were sworn as grand jurors, together with 7 of the 10 ordered to be drawn and summoned.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Breeding