Ward v. United States’s Empirical Analysis
288 F.2d 820 · 1960
Citation profile
6
cited by 6 later decisions
March 1968
most recently cited
5 federal appellate · 1 district ·
Relationships
Relies on Krulewitch v. United States · Lutwak v. United States · Ball v. United States · Blumenthal v. United States · Delli Paoli v. United States
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It has long been settled that the extra-judicial declarations of a conspirator made in furtherance of the conspiracy are admissible against his co-conspirators, as Bryant’s declaration that Ward would effect delivery of the package transferred on August 6,1959. But extra-judicial declarations made no,t in furtherance of the conspiracy, while admissible against the declarant, are not admissible against another who was not present when the declaration was made. The recurring problem arises when defendants are jointly tried and when there is offered in evidence a declaration by one that is inadmissible against another co-defendant. The Supreme Court has consistently held that with certain precautionary safeguards such declarations may be received when restricted by the Court’s instructions to consideration in connection with the declarant’s case only. It may be that in a particular case, admission of such a declaration should be otherwise restricted. It has been suggested, though it was not done in the trial of this case, that the names of defendants other than that of the declarant be blacked out from the written declaration. In the normal ease, such a precaution should be taken routinely. Perhaps in a particular case the evidence of guilt of a particular defendant might be so tenuous and the effect of a declaration of a co-defendant so devastating that the two defendants should not be tried together, but we have nothing of that sort of situation here. * * * (footnotes omitted)”
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.