United States v. Gordon’s Empirical Analysis
253 F.2d 177 · 1958
Citation profile
76 federal appellate · 3 district · 7 state decisions
How this case has been cited
Cited by 95 later decisions — most recently February 2004 · most notably United States v. Kelly (1965), United States v. Silverman (1970)
76 federal appellate · 3 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
Relies on Glasser v. United States · Pereira v. United States · Dunn v. United States · Krulewitch v. United States · Dimick v. Schiedt
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Handbook for Jurors Serving in the United States District Courts”
2 later decisions quote this exact passage · from the majority““[I]t is doubtful if the testimony under discussion can properly be characterized as incriminating admissions by [the declarant codefendant]; in fact, they are exculpatory rather than incriminating. It is not discernible how these statements could have been of any material aid to the Government’s case against [the codefendant]. At the same time, they were, as to Gordon, deadly poison. It is not surprising that the jury convicted Gordon and acquitted [his codefendant]. That the damaging effect of this testimony was cured by the cautionary instructions ignores realities and is contrary to all logic and common sense. Its admission on the flimsy pretext for which it was offered was of such a prejudicial nature as to require a reversal.” Id., at 183. .”
1 later decision quote this exact passage · from the majority““ * * * To hold that an allegation of value is not essential would place both the accused and the court in an awkward, if not intolerable, situation. A defendant should not be expected or required to plead to a count without knowledge as to whether it charges a felony or a misdemeanor. A plea of guilty to such a count would leave the court in the dark as to whether to impose sentence for a felony or misdemeanor. The government argues that it does not follow from a failure to allege value that no offense was proved. This, if true, is immaterial. The issue is a failure to allege, not a failure to prove.””
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.