United States v. Flannery’s Empirical Analysis
451 F.2d 880 · 1971
Citation profile
146 federal appellate · 7 district · 47 state decisions
How this case has been cited
Cited by 220 later decisions (2 by the Supreme Court) — most recently June 2018 · most notably United States v. Hasting (1983), 29 Cal. 3d 733 - People v. Murtishaw (1981)
146 federal appellate · 7 district · 47 state decisions — followed in 16 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
Relies on Allen v. United States · O’Callahan v. Parker, Warden · Gotthelf v. Commissioner · Time, Inc. v. Bon Air Hotel, Inc. · United Gas Improvement Co. v. Continental Oil Co.
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 220 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]f the court interrupts the argument, instructs the jury fully on the defendant's constitutional right not to testify and the jury's obligation not to draw unfavorable inferences and, in addition, states to the jury that the U.S. Attorney was guilty of misconduct. . . .”
7 later decisions quote this exact passage“[S]uch departures impose on appellate courts the almost impossible task of weighing the prejudicial impact”
5 later decisions quote this exact passage“This is an important case for both sides. The trial has been expensive for both sides. Your failure to agree upon a verdict will necessitate another trial equally as expensive. The Court is of the opinion that the case cannot again be tried better or more exhaustively than it has been on either side. It is, therefore, very desirable that you should agree upon a verdict. In a large proportion of cases, and perhaps, strictly speaking, in all cases, absolute certainty cannot be attained or expected. Although the verdict to which a juror agrees must, of course, be his own verdict, the result of his own convictions, and not a mere acquiescence in the conclusion of his fellows, yet, in order to bring twelve minds to a unanimous result, you must examine the questions submitted to you with candor, and with a proper regard and deference to the opinions of each other. You should consider that the case must at some time be decided; that you are selected in the same manner, and from the same source, from which any future juiy must be; and there is no reason to suppose that the case will ever be submitted to twelve men and women more intelligent, more impartial, or more competent to decide it, or that more or clearer evidence will be produced on the one side or the other. And with this view, it is your duty to decide the case, if you can conscientiously do so.”
4 later decisions 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.