Bursten v. United States’s Empirical Analysis

Citation profile

126 federal appellate · 1 district · 15 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 155 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'It is well known, as a matter of judicial notice, that juries are highly sensitive to every utterance by the trial judge, * * * and that some comments may be so highly prejudicial that even a strong admonition by the judge to the jury * * * will not cure the error.'”

   9 later decisions quote this exact passage · from the majority
   e.g. Hale v. United States · United States v. Womack

2. “• “If [defense counsel] doesn’t prove it, I hope the jury will hold it against him, because he shouldn’t make that statement unless he has some proof.” • “[Defense counsel], now get back to your own case, if you have a case.” • “[Defense counsel], sit down and let the other attorney take over if you don’t know how to .cross examine this man.””

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

3. “If you find that the defendant had discussed this matter with competent tax counsel and that the tax return herein was prepared pursuant to that advice, then you must find that the defendant did not willfully file a false return or make a false statement, and you should bring in a verdict of not guilty.”

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