Schmidt v. United States’s Empirical Analysis
115 F.2d 394 · 1940
Citation profile
16 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 34 later decisions (2 by the Supreme Court) — most recently March 2020 · most notably Pittsburgh Plate Glass Company v. United States (1959), United States v. Baggot (1983)
16 federal appellate · 5 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Cobbledick v. United States · Edwin Hale v. William Henkel · Gompers v. Bucks Stove & Range Co. · Cooke v. United States · Berger v. United States
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(1) To prevent the escape of those whose indictment may be contemplated; (2) to insure the utmost freedom to the grand jury in its deliberations, and to prevent persons subject to indictment or their friends from importuning the grand jurors; (3) to prevent subornation of perjury or tampering with the witnesses who may testify before the grand jury and later appear at-the trial of those indicted by it; (4) to encourage free and untrammeled disclosures by persons who have information with respect to the commission of crimes; (5) to protect the innocent accused who is exonerated from disclosure of the fact that he has been under investigation, and from the expense of standing trial where there was no probability of guilt.””
3 later decisions quote this exact passage · from the majority““The question of sincerity aside, the fact is that appellants’ advice overlooked this oath and caused their clients and the grand jurors themselves to disregard it. The advice was given directly in the teeth of that clause of the oath which obligated the jurors to secrecy unless they were called upon in a court of justice to make disclosures, and of that portion of the court’s charge to the grand jury hereinabove quoted. Advice which caused appellants’ clients or the jurors themselves to disregard or ignore the oath was, per se, an unlawful interference with the proceedings of the court, and, however honestly given, was at least a technical contempt.” 5”
1 later decision quote this exact passage · from the majority““ ‘The judge should not have been required to try the contempt cases, while he was confronted with the affidavits of bias and prejudice to which appellants had appended their certificates of good faith. This is no reflection upon the judge, nor upon any judge so confronted. Even a judge may not put aside the propensities of human nature as easily as he does his robe .... We do not adjudge that anyunfairness permeated the trial of these cases, but to eliminate the “chance” that such existed, the judgment should be reversed and the cases remanded for further proceedings before another judge.’ ””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.