Montgomery v. United States’s Empirical Analysis

Citation profile

64 federal appellate · 2 district · 4 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We do not think the circumstances under which the statements of the defendant and of his wife, and the can-celled checks and documents, were obtained were sufficient of themselves to require that that evidence be excluded on the ground of being involuntary as a matter of law, or to require that the Government’s Exhibit No. 20 based in part upon such testimony be not admitted in evidence. All of those circumstances were matters which went to the weight or credibility. of the testimony thus obtained.” •”

   2 later decisions quote this exact passage · from the majority
   e.g. Vloutis v. United States · 137 F. Supp. 594 - Moyer v. Brownell

2. ““» * * jn -j-jjg present case, Special Agent Baskett testified that * * * he never at anytime told the defendant that any document that was surrendered to him or his fellow agents would be used in either a civil or criminal prosecution against him. The defendant testified that, when Baskett and Government Agent Wilson first came to see him about his income tax matters, they told him that it was a routine check up, and that on each occasion he conferred with them, they told him it was purely a civil matter, that they would soon let him know how much taxes he owed, if any, and allow him to pay them, and that at no time was it intimated to him that there might be a criminal prosecution.* * * We do not think the circumstances under which the statements of the defendant and of his wife, and the cancelled checks and documents, were obtained were sufficient of themselves to require . that that evidence, be excluded on the ground of being involuntary as a matter of law * * *. All of those circumstances were matters which went to the weight or credibility of the testimony thus obtained. (Citing cases.)””

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

3. ““It is not clear from the record how much of this witness’ testimony was based upon his references to notes, papers and memoranda, inspection of which was refused to defendant’s counsel, but apparently the witness refreshed his recollection from such sources often. His testimony was material and was highly damaging to the defendant. We conclude that the court committed reversible error in denying to the defendant’s counsel the right to examine the notes, papers and memoranda which were used by the witness for the purpose of refreshing his memory.”—Montgomery v. United States, 5 Cir., 203 F.2d 887 , at page 894.”

   1 later decision quote this exact passage · from the majority
   e.g. Benefield v. State