Birnbaum v. United States’s Empirical Analysis

Citation profile

27 federal appellate · 1 district ·

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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We hold, therefore, that where, as here, the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements, the suspect has requested and been denied an opportunity to consult with his lawyer, and the police have not effectively warned him of his absolute constitutional right to remain silent, the accused has been denied ‘the Assistance of Counsel’ in violation of the Sixth Amendment to the Constitution as ‘made obligatory upon the States by the Fourteenth Amendment.’ Gideon v. Wainwright, 372 U.S. [335], at 342 [ 83 S.Ct. 792 , at 795, 9 L.Ed.2d 799 ], and that no statement elicited by the police during the interrogation may be used against him at a criminal trial.””

   1 later decision quote this exact passage
   e.g. Wakaksan v. United States

2. ““ * * * The dominating question, always, is whether the argument com plained of was so offensive as to deprive the defendant of a fair trial. It is not amiss for us to again point out that in a criminal case, the United States Attorney has imposed upon him a high and important responsibility. He should present the Government’s case with vigor and earnestness, and use all legitimate means to bring about a just conviction, but, likewise, he must refrain from indulging in tactics or methods calculated to produce an unjust conviction.””

   1 later decision quote this exact passage
   e.g. Friedman v. United States