Public-domain · open source
OpenJurist
← 29 F.3d 404 - United States v. McDermott

United States v. McDermott’s Empirical Analysis

29 F.3d 404 · 1994

Citation profile

19
cited by 19 later decisions
1
cited 1 times by the Supreme Court
September 2015
most recently cited

14 federal appellate · 1 district ·

How this case has been cited

Cited by 19 later decisions (1 by the Supreme Court) — most recently September 2015

14 federal appellate · 1 district ·

100199420002010decided

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 18 U.S.C. § 241 (Church Arson Prevention Act of 1996) · 18 U.S.C. § 245

Relies on Carnegie v. United States · Hague v. Committee for Industrial Organization · Rav v. City of St Paul Minnesota · Scharffe v. Perkins · Brandenburg v. Ohio

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

  1. “[T]he Count II instructions permitted the jury to conclude that a threat of force was used if it found that McDer-mott “burned a cross in order to threaten.” By wording [the][i]nstruction ... in permissive terms, however, the court allowed the jury to convict without finding that the McDermotts burned the cross with the intent to threaten the use of force or at least cause blacks to reasonably fear the imminent use of force or violence. These instructions do not square with ... Lee, and constitute reversible error.”
    1 later decision quote this exact passage · from the dissent
  2. “waving baseball bats, axe handles, and knives; throwing rocks and bottles; veering cars towards black persons; and physically chasing black persons out of the park”
    1 later decision quote this exact passage

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.