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← 401 F.2d 281 - Tanner v. United States

Tanner v. United States’s Empirical Analysis

401 F.2d 281 · 1968

Citation profile

49
cited by 49 later decisions
8
states following
March 2023
most recently cited

32 federal appellate · 9 state decisions

How this case has been cited

Cited by 49 later decisions — most recently March 2023 · most notably United States v. Schroeder (1970), Rowley v. State (1972)

32 federal appellate · 9 state decisions

2901968197019801990200020102020decided

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. § 2312

Relies on Illinois Power Co. v. Local Union No. 51, International Brotherhood of Electrical Workers · Robinson v. United States · Viscardi v. United States · Diggs v. Welch · Desmond 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In considering the motion for [judgment of] acquittal, the trial court must view the evidence in the light most favorable to the government, together with inferences which may fairly be drawn therefrom, and then determine whether there is substantial evidence from which a jury might properly find the accused guilty beyond a reasonable doubt. This standard is applied to each of the several elements of the offense.”
    2 later decisions quote this exact passage · from the majority
  2. ““. . . Contrary to the better practice, it was heard in the presence of the jury. When the attention of the panel was focused on the ultimate issue of the guilt or innocence of the accused, the trial judge’s abrupt denial of the motion following the repeated deprecating interjections in the examination of witnesses by the defendant’s counsel, may well have implied that the defense was incompetent and a sham and that the jury should convict. Such damage could not very well have been prevented by the perfunctory instructions given. “In a case, which had previously ended in a mistrial, where the evidence to convict rested so heavily on the testimony of one witness, we cannot say that appellant was accorded a fair trial. The case is, therefore, reversed and remanded for a new trial.” (pp. 185, 186.)”
    1 later decision quote this exact passage · from the majority
  3. “remained before the jury for [its] consideration”
    1 later decision 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.