United States v. Kidd’s Empirical Analysis
12 F.3d 30 · 1993
Citation profile
26 federal appellate · 2 district · 14 state decisions
How this case has been cited
Cited by 82 later decisions — most recently June 2017 · most notably Wesbrook v. State (2000), Whittlesey v. State (1995)
26 federal appellate · 2 district · 14 state decisions — followed in 11 states
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
Applies 18 U.S.C. § 3661 (Drug and Alcohol Dependent Offenders Treatment Act of 1986) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on United States v. Leon · Massiah v. United States · McNeil v. Wisconsin · Maine v. Moulton · Illinois v. Perkins
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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As of August 26, 1992, Kidd’s right to counsel had attached only with respect to the drug distribution and conspiracy offenses for which he had been indicted. The government did not attempt to elicit, and did not receive, information regarding these offenses during the August 26 transaction .... [T]he government was investigating Kidd’s new criminal activity in an effort to obtain information regarding an offense for which no charge had yet been filed, and thus for which no Sixth Amendment right had been invoked.”
1 later decision quote this exact passage · from the majority“Because Kidd pled guilty in this case, there was no occasion for the government to use any evidence regarding his August 26 activities at a trial on the offenses for which Kidd earlier had been charged. Our holding does not imply that such a use would be permissible. See Moulton, 474 U.S. at 180 , 106 S.Ct. at 489 (prohibiting use of statements obtained after indictment in the absence of counsel "at the trial of those charges”)(emphasis added).”
1 later decision quote this exact passage · from the majority“although the August 26 transaction involved the same type of crime as the charged offenses, it involved a different purchaser-informant, occurred at a different time, and took place in a different location. In short, the August 26 offense was factually distinct from, and independent of, the prior distribution offenses for which the Sixth Amendment right had been invoked.”
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.