Public-domain · open source
OpenJurist
← 438 FSUPP 976 - United States v. Cumberbatch

United States v. Cumberbatch’s Empirical Analysis

1976

Citation profile

5
cited by 5 later decisions
4
states following
January 2008
most recently cited

4 state decisions

How this case has been cited

Cited by 5 later decisions — most recently January 2008

4 state decisions

201976198019902000decided

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. § 2113 · 18 U.S.C. § 3161 (§ 101 of the Speedy Trial Act of 1974) · 18 U.S.C. § 3162 (§ 101 of the Speedy Trial Act of 1974) · 18 U.S.C. § 3163 (§ 101 of the Speedy Trial Act of 1974) · 18 U.S.C. § 371 · 18 U.S.C. § 924

Relies on Barker v. Wingo · Ashe v. Swenson · United States v. Marion · United States v. Ewell · United States v. Finkelstein

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The defendant’s . . . argument is premised on the “same transaction” test in the double jeopardy area. . . .In Ashe , the Supreme Court held that the doctrine of collateral estoppel was included in the fifth amendment’s guarantee against double jeopardy. [T]he Court[] did not adopt the “same transaction” test, and, thus, it has not been held to be part of the collateral estoppel element of the Double Jeopardy Clause. Moreover, the collateral estoppel argument is wholly inapplicable to this case. As the Court in Ashe stated, collateral estoppel bars the relitigation by the same parties of an issue of ultimate fact which has been determined by a valid and final judgment. No such fact has been litigated in the present case, and, thus, the collateral estoppel rule does not apply.”
    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.