United States v. McDaniel’s Empirical Analysis
482 F.2d 305 · 1973
Citation profile
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
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.
“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““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“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.