United States v. Birch’s Empirical Analysis
39 F.3d 1089 · 1994
Citation profile
28 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 41 later decisions — most recently May 2021 · most notably Johnson v. United States (1996), United States v. Barnes (1995)
28 federal appellate · 2 district · 2 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
Applies 18 U.S.C. § 3742 · 28 U.S.C. § 1291
Relies on Kotteakos v. United States · Huddleston v. United States · In re Martin-Trigona · Kliewer v. New Jersey · City of Los Angeles v. Preferred Communications, Inc.
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[F]irst, from the requirement of Rule 404(b) that-the evidence be offered for a proper purpose; second, from the relevancy requirement of Rule 402 — as enforced through Rule 104(b); third, from the assessment the trial court must make under Rule 403 to determine whether the probative value of the similar acts evidence' is substantially outweighed by its potential for unfair prejudice ...; and fourth, from Federal Rule of Evidence 105, which provides that the trial court shall, upon request, instruct the jury that the similar acts evidence is to be considered only for the proper purpose for which it was admitted..”
2 later decisions quote this exact passage · from the majority“government must precisely articulate the purpose of the proffered evidence”
2 later decisions quote this exact passage · from the majority“'A non-constitutional error is harmless unless it had a”
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.