Smith v. United States’s Empirical Analysis
283 F.2d 607 · 1960
Citation profile
50 federal appellate · 4 district · 20 state decisions
How this case has been cited
Cited by 79 later decisions (2 by the Supreme Court) — most recently July 2000 · most notably United States v. Cronic (1984), United States v. McCord (1975)
50 federal appellate · 4 district · 20 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 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Griffin v. People of the State of Illinois · Holt v. United States · Coplon v. United States · Smith v. Pollin · Triplett v. Iowa
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The provision that if an appeal is pending the court may grant the motion only on remand of the case, is intended to change the existing practice pursuant to which a remand of the case from the appellate court must be secured before the motion for a new trial is made in the trial court. Under the proposed rule a motion for a new trial could be made without securing a remand. If, however, the trial court decides to grant the motion then, prior to the entry of the order granting it, a remand will have to be obtained. This course will eliminate the need of a remand in those cases in which the trial court determines to deny a motion for a new trial.”
1 later decision quote this exact passage · from the concurrence“(1) the last date for taking an appeal, if no appeal is taken; or (2) if an appeal is taken, the date when the appeal is terminated.”
1 later decision quote this exact passage · from the concurrencee.g. Ybarra v. State“only on remand of the case by the appellate court for that purpose.”
1 later decision quote this exact passage · from the concurrence
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.