Smith v. Pollin’s Empirical Analysis
194 F.2d 349 · 1952
Citation profile
140 federal appellate · 28 district · 103 state decisions
How this case has been cited
Cited by 319 later decisions — most recently June 2015 · most notably Gordon v. United States (1967), United States v. DeCoster (1973)
140 federal appellate · 28 district · 103 state decisions — followed in 13 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
Relies on Rakes v. United States · Baruch v. Beech Aircraft Corp. · Harper Bros. v. Klaw
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 319 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that, when an appellant in a civil case wishes to make a motion for a new trial on the ground of newly discovered evidence while his appeal is still pending, the proper procedure is for him to file his motion in the District Court. If that court indicates that it will grant the motion, the appellant should then make a motion in this court for a remand of the case in order that the District Court may grant the motion for new trial.”
10 later decisions quote this exact passage · from the majority“if an appeal is pending the court may grant the motion only on remand of the case.”
7 later decisions quote this exact passage · from the majority““In criminal cases, therefore, the procedure is that, when a trial is sought because of newly discovered evidence in a case pending in the appellate court, a motion for the new trial is made in the District Court, and the District Court may then deny the motion or indicate that it will grant the motion. If that court indicates that it is inclined to grant the motion, a motion for remand is made in the appellate court.””
1 later decision quote this exact passage · from the majoritye.g. State v. Noriega
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.