Solomon v. United States’s Empirical Analysis

Citation profile

52 federal appellate · 12 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The proper way to raise a Wade objection is by a motion to suppress identification testimony before trial. That procedure allows a suppression hearing and a decision on the disputed evidence before a jury is empaneled, and promotes an orderly and uninterrupted trial. A distinctly second-best procedure is a defense motion to suppress during trial. That procedure at least allows decision of the constitutional issue before fatally prejudicial testimony comes before the jury. When Wade objections are raised for the first time on appeal, decision of them in the appellant’s favor would often require a new trial or at least a remand for a hearing — litigation which could have been avoided had proper procedures been followed.” Id. at 1309 .”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Wright · 24 Utah 2d 396 - State v. McGee

2. ““Rule 52(b), Fed.R.Crim.P., requires us to exercise our discretion whether to notice ‘[pjlain errors or defects affecting substantial rights’ even when no objection is made at trial. Improper identification procedures may violate constitutional rights, and it is difficult for us to conclude that these rights are not ‘substantial.’ Further, we are reluctant to penalize defendants for the mistakes of their counsel, who are often appointed by this court, and who often have little experience in criminal litigation.” (Emphasis added.)”

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