United States v. Davidson’s Empirical Analysis
367 F.2d 60 · 1966
Citation profile
40 federal appellate · 1 district · 7 state decisions
How this case has been cited
Cited by 55 later decisions (1 by the Supreme Court) — most recently August 2017 · most notably Rogers v. United States (1975), United States v. Thomas (1971)
40 federal appellate · 1 district · 7 state decisions
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
Relies on Allen v. United States · International Ass'n of Machinists v. Duckworth · Natural Gas Pipeline Co. of America v. Harrington · Tennessee Burley Tobacco Growers' Ass'n v. Range · Lichter 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The punishment provided by law for the offense charged is a matter exclusively within the province of the Court and should never be considered by the jury in any way in arriving at an impartial verdict as to the guilt or innocence of the accused. If the jury finds from the evidence beyond a reasonable doubt that a defendant is guilty of the offense it has the duty to return a verdict of Guilty, understanding that the question of punishment is within the prerogative of the Court. However, if the jury, using these instructions, reaches a verdict of Guilty, I see no harm in it recommending leniency to the Court.””
2 later decisions quote this exact passage“"It is axiomatic that it is the exclusive function of juries to determine whether defendants are guilty or not guilty, and of the court to determine matters of punishment. Sullivan v. United States, 317 F.2d 101, 102 , C.A. 5, cert. den. 375 U.S. 854 , 84 S.Ct. 114 , 11 L.Ed.2d 81 ; McClanahan v. United States, 292 F.2d 630, 634 , C.A. 5, cert. den. 368 U.S. 913 , 82 S.Ct. 193 , 7 L.Ed.2d 130 ." United States v. Davidson, 367 F.2d 60, 63 (6 Cir. 1966)”
1 later decision quote this exact passage““We do not consider this reversible error, in the instant case; but in other cases, according to circumstances or the language of the instructions, such language might well be suggestive and prejudicial; and it is good practice for a trial court not to refer to the possibilities of sentencing in his instructions.””
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.