Taylor v. Singletary’s Empirical Analysis

Citation profile

7 federal appellate · 2 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because an informally-immunized witness retains his Fifth Amendment privilege, he must invoke that privilege if he wishes to preclude the use of the testimony against him in a criminal case; he cannot later claim that he was ‘compelled’ to testify simply because he fulfilled his promise to the prosecutor and did not invoke the privilege.” Id. This case is not like Taylor. Rector does not suggest that he was compelled to testify against himself. Instead, Rector insists that the government breached its agreement with him not to use in its case in chief the information that he had provided it, and by doing so the government violated his rights to due process and a fair trial. Although an informal grant of immunity does not bring with it the full panoply of benefits associated with a statutory grant of immunity, the government still must be held to its end of the bargain. 36 . We do not mean to imply that the AUSA or anyone involved in the investigation or presentation of the government’s case acted in bad faith in regard to the proffer agreement. It is evident that the attorneys for the government interpreted that agreement differently from the way that the district court and this Court have interpreted it. Their different interpretation, however, does make it more likely that the agreement was violated, albeit not in bad faith. Bad faith is not required for a violation of the proffer agreement. 37 . By stating that the law "requires”

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

2. “(a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court of the United States or a grand jury of the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, in accordance with subsection (b) of this section, upon the request of the United States attorney for such district, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in section 6002 of this title. (b) A United States attorney may, with the approval of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any designated Assistant Attorney General or Deputy Assistant Attorney General, request an order under subsection (a) of this section when in his judgment— (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.”

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