United States v. White’s Empirical Analysis

Citation profile

39 federal appellate · 14 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Now, ladies and gentlemen, there has been introduced in this case evidence that this defendant failed to appear on February 19, 1977, the date previously set for his trial in this case. Whether or not this constituted flight after he was accused of a crime that had been committed is for you to determine. “Flight alone is not, of course, sufficient in itself to establish guilt, but may be a factor that may be considered by the jury in light of all other evidence in the case in determining guilt or innocence. Whether or not this flight, if you find it in fact to be flight, shows a consciousness of guilt or the significance to be attached, if any, to such evidence as failure to appear for trial are matters exclusively within the province of you, the jury. “In your determination of this evidence, you can consider that there may be many reasons for this defendant’s failure to appear for his trial in this matter as originally scheduled, totally consistent with innocence. You should consider and weigh this evidence in connection with all other evidence in the case and give it such weight, if any, as in your judgment it is fairly entitled to receive.””

   4 later decisions quote this exact passage · from the majority
   e.g. United States v. Jackson · United States v. Hernandez-Miranda

2. “immediately after the commission of a crime, or after [a defendant] is accused of a crime that has been committed.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Owens · State v. Fender

3. “If the inference is to have any validity as an indication of guilt, the trial court should assure itself that some evidence exists regarding an accusation of the specific crime charged before instructing the jury that flight may be considered in its determination of guilt. [Where] it is undisputed that the defendant was not advised of the crime he is now charged with at the time of his flight, ... and there is no indication that defendant knew at the time of his flight that he was being sought for the crime charged, we do not think the jury could properly draw an inference of guilt from defendant’s flight.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bone