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← 445 F.2d 897 - United Statesof America v. Charles R. Stewart

United Statesof America v. Charles R. Stewart’s Empirical Analysis

1971

Citation profile

26
cited by 26 later decisions
1
states following
July 2012
most recently cited

16 federal appellate · 1 state decisions

How this case has been cited

Cited by 26 later decisions — most recently July 2012 · most notably United States v. Ward (1976), United States v. Bohn (1975)

16 federal appellate · 1 state decisions

21019711980199020002010decided

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 Rogers v. United States · Brown v. Walker · Relford v. Commandant, U. S. Disciplinary Barracks · Lawrence Metze v. New York · United States v. Monia

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

  1. ““In the light of all circumstances, we think that Brown’s serious charge that a government agent framed Stewart warrants a remand for a specific finding as to whether or not Brown and Patch testified falsely at Stewart’s trial. Accordingly, we remand this case to the district court to make an appropriate finding of fact upon the merits of the motion and to determine whether Stewart can present a case for a new trial under the rule that “(1) the evidence must be in fact newly discovered, that is, discovered since the trial; (2) facts must be alleged from which the court may infer diligence on the part of the movant; (3) the evidence relied upon must not be merely cumulative or impeaching; (4) it must be material to the issues involved, and (5) it must be of such nature that, on a new trial, the newly discovered evidence would probably produce an acquittal. [United States v. Pope, 415 F.2d 685, 691 (8th Cir. 1969), cert. denied, 397 U.S. 950 , 90 S.Ct. 973 , 25 L.Ed.2d 132 (1970).] “We add an observation concerning the state of the record. The full text of Brown’s statement to the government investigators has not been disclosed to Stewart’s counsel (see n. 2, supra). At the option of the prosecution, Stewart’s counsel should be permitted to see those parts of the statement which are relevant to Stewart’s motion in order to afford him the opportunity to stipulate with the prosecutor that Brown, if called, would testify in accordance with his affidavit as supplemented by his stat”
    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.