Beltran v. Cockrell’s Empirical Analysis

Citation profile

8 federal appellate · 1 district · 5 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he fact that the alleged statement was known to petitioner and his counsel during the trial compelled petitioner to raise this issue then or not at all. When a criminal defendant, during his trial, has reason to believe that perjured testimony was employed by the prosecution, he must impeach the testimony at the trial, and “cannot have it both ways. He cannot withhold the evidence, gambling on an acquittal without it, and then later, after the gamble fails, present such withheld evidence in a subsequent proceeding.””

   2 later decisions quote this exact passage · from the majority
   e.g. 495 F. App'x 488 - Dinh Ho v. Rick Thaler, Director · Meece v. Commonwealth

2. ““[T]here is no violation of due process resulting from prosecutorial non-disclosure of false testimony if defense counsel is aware of it and fails to object.” DeMarco v. United States, 928 F.2d 1074, 1076 (11th Cir.1991). “In [United States v.] Decker, [ 543 F.2d 1102, 1105 (5th Cir.1976) ] we held that the Government can discharge its responsibility under Napue and Giglio to correct false evidence by providing defense counsel with the correct information at a time when recall of the prevaricating witnesses and further exploration of their testimony is still possible.” United States v. Barham, 595 F.2d 231 , 243 n. 17 (5th Cir.1979).”

   1 later decision quote this exact passage · from the majority
   e.g. Meece v. Commonwealth

3. “[g]overnment fulfilled its duty of disclosure by supplying [the defendants] with its recollection of the true circumstances of the negotiations with the witness at a time when recall [to the witness stand] and further exploration of these matters was still possible”

   1 later decision quote this exact passage · from the majority
   e.g. Greene v. Comm'r of Corr.