United States v. Carmichael’s Empirical Analysis
2006
Citation profile
3
cited by 3 later decisions
May 2019
most recently cited
Relationships
Applies 21 U.S.C. § 853 (§ 413 of the Controlled Substances Act)
Relies on United States v. Kennedy · Bailey Mortg. Co. v. Gobble-Fite Lumber Co. · 613 So. 2d 339 - Metro Bank v. HENDERSON'S BUILDERS SUPPLY
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that— (A) the petitioner has a legal right, title, or interest in the properly, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or (B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonable without cause to believe that the property was subject to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination.” 2 . "Federal law decides what interests are subject to forfeiture under section 853[and] state property law defines what those interests are in the first instance.”
2 later decisions quote this exact passage · from the majority“Because R & H had no vested or superior title in the Carmichael Center at the time the acts giving rise to forfeiture of the property began, R & H cannot meet its burden under 21 U.S.C. § 853 (n).”
1 later decision quote this exact passage · from the majority“Federal law decides what interests are subject to forfeiture under section 853[and] state property law defines what those interests are in the first instance.”
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.