United States v. Cooper’s Empirical Analysis

Citation profile

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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The term, “fraud,” is a legally specialized term which tracks the statutory and common-law language of the intent elements of the offenses with which the defendants are charged. When an expert witness opines that a defendant’s activity is fraudulent, the witness expressly draws the conclusion or inference that the defendant acted with the intent to defraud. Such testimony does not merely provide the facts or opinions from which the jury could conclude or infer the defendant had the requisite mental state. Rather, if believed, this testimony would necessarily dictate the conclusion that the defendant acted with the intent to defraud____[Tjhis intrusion into the province of the jury is precisely the sort of testimony Rule 704(b) is designed to prevent.”

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

2. “No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendants did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.”

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