Turner v. United States’s Empirical Analysis

Citation profile

15 federal appellate · 3 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellant admits that it is within a proper exercise of the trial court’s discretion to permit a reopening of either the government’s case or that of the defendant after the other side has rested and relies mainly upon Dixon v. United States (5th Cir. 1964), 333 F. 2d 348 , and upon 23 C.J.S. Criminal Law § 1053, page 1229, to the effect that “where new matter has been introduced by the state in rebuttal of an alibi defense the defendant may rebut the same on surrebuttal”. The testimony of the government’s rebuttal testimony in this case does not appear to us to be “new”. The government had maintained throughout that the Defendant Turner was in Miami during the commission of the offense and the testimony of the two rebuttal witnesses simply goes to corroboration of that fact. In the event defendant had been allowed to take the stand at the surrebuttal he would only have been able to reiterate what he and others had testified to previously and that was to the effect that he had not been in Miami since June 5,1966.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Sadler

2. “It appears well settled that the reopening of a case to receive additional evidence is within the Trial Court's discretion.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Walker