United States v. Apuzzo’s Empirical Analysis

Citation profile

37 federal appellate · 1 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[H]ad the prosecution, on redirect, asked for the full conversation — to avoid prejudice to the government from having suggested a black mark it could not support — it would have been proper, indeed almost necessary, that the judge admit the testimony. This is the familiar doctrine of ‘Verbal Completeness,’ * * * and is designed to prevent limitation of evidence to warp the truth and confuse the jury. Where the testimony necessary to complete the story is hearsay or other excludable matter the trial judge has discretion in deciding whether or not to permit completion. 245 F.2d at 422 . 6”

   2 later decisions quote this exact passage
   e.g. 164 F. Supp. 644 - United States v. Grunewald · 334 F. Supp. 961 - United States v. Cole

2. ““It is inconceivable that defense counsel experienced in criminal cases would have indulged in all the extended cross-examination of the government agents without appreciation of the risk involved. His hope of finding some inconsistencies in the evidence must have been tempered by knowledge of the risk of turning up something he would not like. But in any event the sound general principle that a litigant cannot object to, or secure a mistrial for, evidence he himself produces cannot be controlled by the degree of na'iveté or sophistication of counsel. So far as the prosecution is concerned, there is nothing remotely to suggest impropriety on the part of the United States Attorney or indeed on the part of the witness unless answering responsively to a direct question can be so termed. But further, the implication that somehow the testimony should be geared to the defendant’s objections is surely a dangerous one. It is hard to see how reversal here can be had without the implication that testimony should be manipulated, the last thing this court should even suggest.””

   1 later decision quote this exact passage
   e.g. United States v. Barbone

3. ““It is now commonplace that the rules of evidence have tended ever more freely in the direction of admission of all relevant testimony in the light of modern experience that the truth is more often found by full revelation than by concealment. Hence we have the modern principle, stated in the Model Code of Evidence, and now embodied in Uniform Rules of Evidence, Rule 7: ‘General Abolition of * * * Exclusionary Rules. Except as otherwise provided in these Rules * * * (f) all relevant evidence is admissible.’ And we have often admonished our trial judges to err, if at all, on the side of the admission, rather than the exclusion, of evidence.””

   1 later decision quote this exact passage
   e.g. United States v. Columbia Pictures Corp.