Holmes v. United States’s Empirical Analysis
363 F.2d 281 · 1966
Citation profile
84 federal appellate · 3 district · 48 state decisions
How this case has been cited
Cited by 138 later decisions — most recently August 2016 · most notably 41 Ill. 2d 177 - The People v. Speck (1968), Fuller v. United States (1967)
84 federal appellate · 3 district · 48 state decisions — followed in 16 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. § 2113 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Durham v. United States · Brotherhood of Railway & Steamship Clerks v. Florida East Coast Railway Co. · Susser v. Carvel Corp. · Rollerson 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 138 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This court has recognized that substantial prejudice may result from the simultaneous trial on [sic] the pleas of insanity and ‘not guilty.’ The former requires testimony that the crime charged was the product of the accused’s mental illness. Ordinarily, this testimony will tend to make the jury believe that he did the act. Also, evidence of past anti-social behavior and present anti-social propensities, which tend to support a defense of insanity, is highly prejudicial with respect to other defenses. Moreover, evidence that the defendant has a dangerous mental illness invites the jury to resolve doubts concerning commission of the act by finding him not guilty by reason of insanity, instead of acquitting him, so as to assure his confinement in a mental hospital.” (Footnotes omitted.) 4”
6 later decisions quote this exact passage“The court not only has a broad discretion in considering bifurcation, but also in prescribing its procedure, the form of the charge and submission of the questions to the jury, the admissibility of evidence in each stage, and even the impaneling of a second jury to hear the second stage if this appears necessary to eliminate prejudice.”
2 later decisions quote this exact passage“Although trial counsel's appraisal of the prejudicial effect of the insanity defense on the defense of not guilty was entirely reasonable, it does not follow that the insanity defense had to be abandoned. He could have made a motion, like that made by able counsel in another case recently before us, that the District Court avoid the prejudice by exercising its discretion to first submit to the jury issues raised by the not guilty plea before the introduction of evidence on insanity. The power of courts to control the order of criminal trial and submission of issues to the jury has its roots in the common law, and is in no way inconsistent with the Federal Rules of Criminal Procedure. Cf. United States v. Curry, 358 F.2d 904 (2d Cir. 1966). Federal Courts in civil cases are specifically authorized to order the separate trial of any issue 'to avoid prejudice.' Rule 42(b), Fed.R.Civ.P. The need to avoid prejudice in criminal trials is even greater.”
1 later decision quote this exact passage
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.