United States v. De Simone’s Empirical Analysis

Citation profile

27 federal appellate · 1 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendants also contend that the court erred in its instructions on intent with the effect that a burden was wrongfully placed on the defendants to produce evidence and overcome a presumption of guilt. An instruction identical to that complained of was examined by this court in United States v. Jenkins, 5 Cir., 1971, 442 F.2d 429 , 437-38. We there held that any harmful effect from this instruction was vitiated by a curative instruction. The case here is distinguished only by the fact that the curative instructions of the type in Jenkins were given four times instead of once. Accordingly, we find this assignment of error to be without merit. Id. at 556 .”

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

2. “an error in administering the discovery rules is not reversible absent a showing that the error was prejudicial to the substantial rights of the defendant.”

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