United States v. McClain’s Empirical Analysis

Citation profile

7 federal appellate · 2 district · 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Finally, appellant argues that his Fifth Amendment right to remain silent was violated by the following comment by the prosecutor in his closing argument: Now, we know this, it is uncontra-dicted from our evidence, if you believe it, from the government’s evidence, that only four people were in that bank, and four people sit accused of this crime. There were no witnesses brought in by the defense who would say that these men were somewhere else at the time of this robbery, so you have that to go with. There is no contradiction of the government’s case. We also find no merit in this contention. The comment of the prosecutor was not directed at the failure of the accused to testify; 1 nor could the jury have reasonably construed it as such. 2 Examined in its entirety, the comment merely drew the jury’s attention to defendant’s failure to present alibi witnesses. This was fair argument and not violative of the principle announced in Griffin v. California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965).””

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Thompson · 378 F. Supp. 144 - United States v. Holland