United States v. Goldman’s Empirical Analysis

Citation profile

66 federal appellate · 3 district · 20 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 161 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““From a decision or judgment quashing, setting aside, or sustaining a demurrer or plea in abatement to any indictment or information, or any count thereof, where such decision or judgment is based upon the invalidity or construction of the statute upon which the indictment or information is founded. “From a decision arresting ,a judgment of conviction for insufficiency of the indictment or information, where such decision is based upon the invalidity or construction of the statute upon which the indictment or information is founded. “From the decision or judgment sustaining a special plea in bar, when the defendant has not been, put in jeopardy. “An appeal may be taken by and on behalf of the United States from the district courts to a circuit court of appeals or the United States Court of Appeals for the District of Columbia, as the case may be, in all criminal cases, in the following instances, to wit: “From a decision or judgment quashing, setting aside, or sustaining a demurrer or plea in abatement to any indictment or information, or any count thereof except where a direct appeal to the Supreme Court of the United States is provided by this Act. “From a decision arresting a judgment of conviction except where a direct appeal to the Supreme Court of the United States is provided by this Act. “The appeal in all such cases shall be taken within thirty days after the decision or judgment has been rendered and shall be diligently prosecuted. “Fending the prosecution and deter”

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

2. ““It (the statute) is of narrow scope, dealing with the single class where the act or thing constituting the contempt is also a crime in the ordinary sense. It does not interfere with the power to deal summarily with contempts committed in the presence oi; the court or so near thereto as to obstruct the administration of justice, and is in express terms' carefully limited to the cases of contempt specifically defined. Neither do we think it purports to reach cases of failure or refusal to comply affirmatively ■with a decree — that is to do something which a decree commands — which may be enforced by coercive means or remedied by purely compensatory relief.” (Italics ours.)”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Wright

3. “Any person * * * willfully disobeying any lawful writ, process, order, rule, decree or command of any district court of the United States * * * by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States * * * shall be prosecuted for such contempt as provided in section 3691 of this title [granting right to trial by jury] and shall be punished by fine or imprisonment, or both.”

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