Askins v. Overholser’s Empirical Analysis

Citation profile

8 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Promptly after an appeal to a court of appeals is taken, tile appellant shall serve upon the appellee and file with the district court a designation of the portions of the record, proceedings, and evidence to be contained in the record on appeal, unless the appellee has already served and filed a designation. Within 10 days after the service and filing of such a designation, any other party to the appeal may serve and file a designation of additional portions of the record, proceedings, and evidence to be included. . . . * * * (c) Testimony of witnesses designated for inclusion need not be in narrative form, but may be in question and answer form. A party may prepare and file with his designation a condensed statement in narrative form of all or part of the testimony, and any other party to the appeal, if dissatisfied with .the narrative statement, may require testimony in question and answer form to be substituted for aE or part thereof. * * * (e) AE matter not essential to the decision of the _ questions presented by the appeal shall be omitted. Formal parts of aE exhibits and more than one copy of any documents shaE be excluded. Documents shall be abridged by omitting aE irrelevant and formal portions thereof. For any infraction of this rule or for the unnecessary substitution by one party of evidence in question and answer form for a fair narrative statement proposed by another, the appellate court may withhold or impose costs as the circumstances of the case and disc”

   1 later decision quote this exact passage · from the majority
   e.g. Belt v. Holton

2. ““Can this court settle the narrative statement of the evidence? The answer to this is in the negative. Rule 75(h) contemplates settlement of the record by the District Court, not by this court. Moreover, this court has not heard the evidence and has not read it, there having been no transcript of the same presented.””

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

3. ““Fees for transcripts furnished in. criminal or habeas corpus proceedings to persons allowed to sue,.. defend, or appeal in forma pauperis shall be paid by the United States out of money-appropriated for that purpose.””

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