United States v. McCray’s Empirical Analysis

Citation profile

29 federal appellate · 6 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Similarly, we would be hard pressed to hold that Benedetto's alleged similar acts shared 'unusual characteristics' with the acts charged, thereby evidencing a unique scheme or pattern. McCormick states that such evidence is admissible: 14 To prove other like crimes by the accused so nearly identical in method as to earmark them as the handiwork of the accused. Here much more is demanded than the mere repeated commission of crimes of the same class, such as repeated burglaries or thefts. The device used must be so unusual and distinctive as to be like a signature. (Footnotes omitted, emphasis added by Benedetto opinion). 15 "We are told there was such a 'signature' here because Benedetto used 'a similar technique for receiving the cash: the passing of folded bills by way of a handshake.' But that method of bribery is about as unique as using glassine envelopes to package heroin. If the evidence were that the money had always been passed to Benedetto in an unusual way, e. g., a requirement that the money be placed in a peculiar place, we would have a different view.”

   2 later decisions quote this exact passage · from the majority
   e.g. Bartley v. United States · United States v. Gubelman