United States v. Hephner’s Empirical Analysis
410 F.2d 930 · 1969
Citation profile
38 federal appellate · 2 district · 7 state decisions
How this case has been cited
Cited by 54 later decisions — most recently November 2023 · most notably United States v. Hutul (1969), United States v. Avery (1983)
38 federal appellate · 2 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
Applies 18 U.S.C. § 2113 · 18 U.S.C. § 3282
Relies on Chapman v. State of California · Griffin v. California · Ball v. United States · United States v. Ewell · Sansone 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[JJurors must be given enough latitude in their deliberations to permit them to use common experiences and illustrations in reaching their verdict.”
5 later decisions quote this exact passage · from the majority“The direct reference to defendant's failure to testify with the accompanying explanation was an invitation to the prosecutor to comment upon the subject and does not demand reversal. United States v. Feinberg, 140 F.2d 592, 154 A.L.R. 272 (2nd Cir. 1944), cert. denied, 322 U.S. 726, 64 S.Ct. 943, 88 L.Ed. 1562 (1944); Baker v. United States, 115 F.2d 533, 544 (8th Cir. 1940), cert. denied, 312 U.S. 692, 61 S.Ct. 711, 85 L.Ed. 1128 (1940); 8 Wigmore, Evidence § 2272 (McNaughton Rev. 1961); see Scanlon v. United States, 223 F.2d 382 (1st Cir. 1955); cf. United States v. Stromberg, 268 F.2d 256 (2nd Cir. 1959), cert. denied, 361 U.S. 863, 80 S.Ct. 119, 4 L.Ed.2d 102 (1959).”
1 later decision quote this exact passage · from the majority“was far from the `extensive argument asking the jury to overlook inferences favorable to petitioner because he invoked his constitutional right not to testify,' which was condemned in Anderson v. Nelson, 390 U.S. 523 , 525, [88 S.Ct. 1133, 1135, 20 L.Ed.2d 81] (1968). Thus, even if the comment was error, it was `harmless beyond a reasonable doubt.' Chapman v. California, supra, 386 U.S. at 24 [87 S.Ct. 824, 17 L.Ed.2d 705].”
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.