United States v. Deutsch’s Empirical Analysis
475 F.2d 55 · 1973
Citation profile
51 federal appellate · 12 district · 16 state decisions
How this case has been cited
Cited by 93 later decisions — most recently November 2021 · most notably United States v. Haldeman (1976), Calley v. Callaway (1975)
51 federal appellate · 12 district · 16 state decisions — followed in 11 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
Applies 18 U.S.C. § 201 (Bank Bribery Amendments)
Relies on Brady v. State of Maryland · Giglio v. United States · Barber v. Page · Cruz v. Hauck · Prince v. United States
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he prosecutors cannot be compelled to disclose something which it does not have. Furthermore, the Post Office Department does not appear to be an arm of the prosecution as contemplated by Brady . " At trial, the postal employee claimed the defendants gave him money to purchase credit cards. One of the defendants testified that he gave the postal employee a loan to help care for his sick wife. On appeal, the Fifth Circuit stated that the defendants should have been given an opportunity to attack the postal employee's credibility. In reversing, the Fifth Circuit stated: We find no reference in Brady to an arm of the prosecution. It was a Post Office employee who had been sought to be bribed. The government cannot compartmentalize the Department of Justice and permit it to bring a charge affecting a government employee in the Post Office and use him as its principal witness, but deny having access to the Post Office files. In fact it did not deny access, but only present possession without an attempt to remedy the deficiency ... . . We do not suggest that the government was obliged to obtain evidence from third parties, but there is no suggestion in Brady that different "arms”
6 later decisions quote this exact passage · from the majoritye.g. Bunch v. State · King v. State“'failed to show that the records which he sought to inspect contained anything favorable to him.' " Id. at 58. The Fifth Circuit replied to this assertion as follows: "This is true, but it is not the answer to Brady. The burden is on the government to produce, not on the defendant.”
1 later decision quote this exact passage · from the majority“[T]he prosecutors cannot be compelled to disclose something which it does not have. Furthermore, the Post Office Department does not appear to be an arm of the prosecution as contemplated by Brady .”
1 later decision quote this exact passage · from the majoritye.g. King v. State
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.