Gilbert v. United States’s Empirical Analysis
307 F.2d 322 · 1962
Citation profile
33 federal appellate · 3 state decisions
How this case has been cited
Cited by 37 later decisions — most recently February 1994 · most notably Duncan v. State (1965), United States v. Byers (1984)
33 federal appellate · 3 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 18 U.S.C. § 2114 · 28 U.S.C. § 1291
Relies on Brinegar v. United States · Draper v. United States · United States v. Rabinowitz · United States v. Page · Herzog 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““While Rule 52(b) permits appellate courts to recognize plain errors to which no objection was made below, application of the rule is a matter within the sound discretion of the court. In Billeci v. United States, 290 F.2d 628 , 629 (9th Cir. 1961), we quoted with approval from Smith v. United States, 173 F.2d 181 , 184 (9th Cir. 1949), the following: ‘The admitted normal rule is that an appellate court will not consider matters which are alleged as error for the first time on appeal, and this is true of criminal as well as civil cases. However, an exception exists in criminal cases where the alleged error would result in a manifest miscarriage of justice, or would “seriously affect the fairness, integrity, or public reputation of judicial proceedings.” The appellate tribunal will examine the record sufficiently to determine whether such has occurred.’ ””
4 later decisions 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.