United States v. Simon’s Empirical Analysis
225 F.2d 260 · 1955
Citation profile
24 federal appellate · 1 district · 7 state decisions
How this case has been cited
Cited by 39 later decisions — most recently March 1989 · most notably United States v. Kramer (1961), United States v. Mespoulede (1979)
24 federal appellate · 1 district · 7 state decisions
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
Applies 18 U.S.C. § 3731
Relies on Dunn v. United States · Frank v. Mangum · Sealfon v. United States · Morgan v. Devine · United States v. Oppenheimer
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Had the notice been actually out of time we doubt whether the Government could at this late date raise this question since it previously withdrew its motion to vacate the order granting a new trial, did not pursue its remedy of mandamus, see United States v. Smith, supra, and not only acquiesced in but prosecuted the second trial. See United States v. Hoth, 9 Cir., 207 F.2d 386 . Furthermore, there is no appeal or cross assignment of error based upon the new trial order, see United States v. Scrinopskie, 5 Cir., 179 F.2d 959 , etc."”
1 later decision quote this exact passage · from the majoritye.g. Massey v. State“the Government is estopped from relitigating in a second trial facts already determined in the first.”
1 later decision quote this exact passage · from the majority
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.