Carter v. Tennessee’s Empirical Analysis

Citation profile

22 federal appellate · 2 district ·

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

1. ““The general rule is clearly that such ‘improper argument of a prosecutor is no ground for reversal, where the jury is explicitly directed to disregard it.’ Robilio v. United States, 6 Cir., 291 F. 975 , 986. See, also, Copeland v. United States, 55 App.D.C. 106 , 2 F.2d 637 . And where, as here, it must be assumed that the court did reprove counsel and properly instruct the jury at the time, such prejudice as was not thereby removed, or could not be removed by such instruction, was, we think, waived by the failure of the defendant to move for a mistrial. He should not thereafter be permitted to apparently consent to the continuance of the trial, which could presumably be discontinued only upon his motion after the jury had been sworn and he once placed in jeopardy, thus taking his chance of a favorable verdict, and if the verdict be ‘guilty’ then assert it was founded to a material extent upon misconduct of opposing counsel. Cf. Levin v. United States, 9 Cir., 5 F.2d 598 , 602 [on waiver of even constitutional rights].””

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