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← 482 F.2d 305 - United States v. McDaniel

United States v. McDaniel’s Empirical Analysis

482 F.2d 305 · 1973

Citation profile

151
cited by 151 later decisions
19
states following
July 2017
most recently cited

79 federal appellate · 12 district · 32 state decisions

How this case has been cited

Cited by 151 later decisions — most recently July 2017 · most notably United States v. North (1990), 19 Cal. 3d 132 - Daly v. Superior Court (1977)

79 federal appellate · 12 district · 32 state decisions — followed in 19 states

47019731980199020002010decided

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. § 1005 · 18 U.S.C. § 656

Relies on Kastigar v. United States · Murphy v. Waterfront Commission of New York Harbor · Counselman v. Hitchcock · United States v. Monia · Castaldi 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 151 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “if the immunity protection is to be coextensive with the Fifth Amendment privilege, as it must to be constitutionally sufficient, then it must forbid all prosecutorial use of the testimony, not merely that which results in the presentation of evidence before the jury.”
    15 later decisions quote this exact passage
  2. ““We find, however, that even though the voluminous reports, which we have examined, may have afforded proof of an independent source of the evidence adduced at McDaniel’s trial, such reports nevertheless fail to satisfy the government’s burden of proving that the United States Attorney, who admittedly read McDaniel’s grand jury testimony prior to the indictments, did not use it in some significant way short of introducing tainted evidence. * * * Such use could conceivably include assistance in focusing the investigation, deciding to initiate prosecution, refusing to plea-bargain, interpreting evidence, planning cross-examination, and otherwise generally planning trial strategy.””
    4 later decisions quote this exact passage
  3. “legitimate source wholly independent of the compelled testimony.”
    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.