United States v. Bailey’s Empirical Analysis

Citation profile

23 federal appellate · 3 district · 8 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) furnishing or offering or promising to furnish — or accepting or offering or promising to accept — a valuable consideration in compromising or attempting to compromise the claim; and (2) conduct or statements made in compromise negotiations regarding the claim, except when offered in a criminal case and the negotiations related to a claim by a public office or agency in the exercise of regulatory, investigative, or enforcement authority. (b) Permitted uses. — This rule does not require exclusion if the evidence is offered for purposes not prohibited by subdivision (a). Examples of permissible purposes include proving a witness's bias or prejudice; negating a contention of undue delay; and proving an effort to obstruct a criminal investigation or prosecution.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Davis · State v. O'CONNOR

2. “[T]he Federal Rules of Evidence apply generally to both civil and criminal proceedings; nothing in Rule 408 explicitly states that it is inapplicable to criminal proceedings; the final sentence is arguably unnecessary if the Rule does not apply to criminal proceedings at all; and the potential prejudicial effect of the admission of evidence of a settlement can be more devastating to a criminal defendant than to a civil litigant.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. O'CONNOR · 119 Wash. App. 530 - State v. O'Connor

3. “Having concluded that it was error to admit evidence of the settlement, we must determine whether it was plain error, which requires a finding that the error affected substantial rights by “affect[ing] the outcome of the trial.” [United States v.] Haney, 318 F.3d [1161] at 1166 [(10th Cir.2003)]. We conclude that it did not. There was ample other evidence establishing the substance of what Wilgers testified the settlement agreement contained — that Bailey had knowingly and intentionally taken money from the Partnership accounts and placed it in his own account, in contravention of the Partnership Agreement; that the partners did not give him permission to do that; and that he had withdrawn in excess of $1 million without authorization from the partnership. Moreover, the testimony did not indicate that Bailey was “furnishing or offering or promising to furnish ... a valuable consideration” under Rule 408. It simply recounted Bailey’s conduct in connection with the Partnership. While evidence that Bailey had admitted such conduct in the civil settlement added to the body of evidence before the jury about Bailey’s conduct, it did not affect the outcome of the trial.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Cooper