United States v. Winter’s Empirical Analysis
348 F.2d 204 · 1965
Citation profile
98 federal appellate · 5 district · 19 state decisions
How this case has been cited
Cited by 167 later decisions (4 by the Supreme Court) — most recently February 2018 · most notably United States v. Dionisio (1973), Dennis v. United States (1966)
98 federal appellate · 5 district · 19 state decisions — followed in 12 states
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. § 1001 (Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990) · 18 U.S.C. § 1621
Relies on Escobedo v. Illinois · Malloy v. Hogan · Silverthorne Lumber Co. v. United States · Nardone v. United States · Cobbledick 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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Once a witness swears to give truthful answers, there is no requirement to”
5 later decisions quote this exact passage · from the majority““It is one thing to say that testimony compelled from a grand jury witness who has been denied his right to counsel may not be used to secure his indictment or conviction either for the crimes being investigated or for those revealed during the course of his testimony. Exclusion of such testimony does not preclude reindictment and prosecution on the basis of untainted evidence, thus affording an opportunity to vindicate the public interest. It is an entirely different proposition, however, to say that such a witness may with absolute impunity proceed to perjure himself in the hope of avoiding the return of a True Bill. Such a rule would degrade the oath and have the effect of conferring permanent immunity on the perjurer. * * * ””
2 later decisions quote this exact passage · from the majority“[T]o call the perjury a fruit of the government’s conduct here, is to assume that a defendant will perjure himself in his defense. It is difficult to see any causal relationship otherwise between the government’s wrong and the defendant’s act of perjury during trial. If this assumption is a premise of the defendant’s argument, we cannot accept it for it involves a disregard of the defendant’s oath and an assumption that perjury, although a crime, is an inevitable occurrence in judicial proceedings.”
2 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.