United States v. Comer’s Empirical Analysis
421 F.2d 1149 · 1970
Citation profile
71 federal appellate · 1 district · 47 state decisions
How this case has been cited
Cited by 128 later decisions (2 by the Supreme Court) — most recently September 2009 · most notably Keeble v. United States (1973), State v. Rasmussen (1993)
71 federal appellate · 1 district · 47 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
Relies on Miranda v. State of Arizona Vignera · Sansone v. United States · Sparf v. United States · Orozco v. Texas · Berra 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 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the court must appraise all the testimony and evidence to determine whether it is capable of more than one reasonable inference.”
3 later decisions quote this exact passage · from the majority“any evidence fairly tending to bear upon the issue . . .”
2 later decisions quote this exact passage · from the majority““Thus, ‘[i]n a case where some of the elements of the crime charged themselves constitute a lesser crime, the defendant, if the evidence justifie[s] it . [is] entitled to an instruction which would permit a finding of guilt of the lesser offense.’ Berra v. United States, [ 351 U.S. 131 ,134, 76 S.Ct. 685 , 100 L.Ed. 1013 (1956)]. See Stevenson v. United States, 162 U.S. 313 , 16 S.Ct. 839 , 40 L.Ed. 980 [1896]. ... A lesser-included offense instruction is only proper where the charged greater offense requires the jury to find a disputed factual element which is not required for conviction of the lesser-included offense. Berra v. United States, supra; Sparf v. United States, [ 156 U.S. 51 , 15 S.Ct. 273 , 39 L.Ed. 343 (1895)].””
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.