United States v. Fitzpatrick’s Empirical Analysis
437 F.2d 19 · 1970
Citation profile
34 federal appellate · 1 district · 21 state decisions
How this case has been cited
Cited by 66 later decisions — most recently April 2003 · most notably United States v. Fernandez (1972), United States v. Danzey (1979)
34 federal appellate · 1 district · 21 state decisions — followed in 12 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. § 2314 · 18 U.S.C. § 5010
Relies on United States v. Wade · Simmons v. United States · Pollard v. United States · Dickey v. Florida · General Electric Co. v. International Union of Electrical, Radio & Machine Workers
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The necessity for full cross-examination is particularly acute when its purpose is to demonstrate the lack of credibility of an identification by attempting to determine whether or not the witness had recollection of specific characteristics of the defendant. It is axiomatic that the identification of a suspect at a much later time by witnesses who have seen the actual criminal on only a few occasions and then only for short periods is fraught with dangers because of the fallibility and suggestibility of human memory." United States v. Fitzpatrick, 437 F.2d 19, 23 (2d Cir.1970).”
1 later decision quote this exact passage““The defendant shall be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by these rules. In prosecutions for offenses not punishable by death, the defendant’s voluntary absence after the trial has been commenced in his presence shall not prevent continuing the trial to and including the return of the verdict.””
1 later decision quote this exact passage““This circuit has looked to four factors in deciding whether there has been a violation of the right to a speedy trial: (1) the length of the delay; (2) the reason for the delay; (3) the prejudice to the defendant; and (4) waiver by the defendant.””
1 later decision quote this exact passage
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.