Gaither v. United States’s Empirical Analysis
413 F.2d 1061 · 1969
Citation profile
272 federal appellate · 27 district · 120 state decisions
How this case has been cited
Cited by 486 later decisions — most recently January 2025 · most notably United States v. Perez (2002), Wilhelm v. State (1974)
272 federal appellate · 27 district · 120 state decisions — followed in 17 states
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. § 3041
Relies on Miranda v. State of Arizona Vignera · Chapman v. State of California · Katz v. United States · United States v. Wade · Kotteakos 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 486 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An amendment of the indictment occurs when the charging terms of the indictment are altered, either literally or in effect, by prosecutor or court after the grand jury has last passed upon them. A variance occurs when the charging terms of the indictment are left unaltered, but the evidence offered at trial proves facts materially different from those alleged in the indictment.”
42 later decisions quote this exact passage · from the majority“the closeness of the case, the centrality of the issue affected by the error, and the steps taken to mitigate the effects of the error.”
35 later decisions quote this exact passage · from the majority“statements of fact to the jury not supported by proper evidence introduced during trial.”
5 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.