United States v. Byrd’s Empirical Analysis

Citation profile

126 federal appellate · 3 district · 9 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 150 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The admissibility of this kind of evidence is ‘a matter in which the trial judge should be allowed a wide range of discretion.’ [Citing cases] The exercise of discretion must be addressed to a balancing of the probative value of the proffered evidence * * * against its prejudicial character * *. ****** “It is, of course, conceivable that in some cases proof of the offenses charged would contain little or nothing from which an inference of guilty intent could be drawn. In such a case a trial judge would, in the exercise of his discretion, be justified in admitting as part of the Government’s case, proof of a prior similar offense to show knowledge or intent.””

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

2. “the court should have given the jury a fuller explanation on aider and abettor and the applicability of the provisions of the statute to the issues in the case. They needed something more than a mere reading of the statute.”

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

3. “‘Doubt’ and ‘certainty’ are antithetical and, in our opinion, the use of them in this manner and for this purpose would tend to create more confusion than light in the minds of the jury.”

   1 later decision quote this exact passage · from the majority
   e.g. Avery v. State