United States v. Jones’s Empirical Analysis
492 F.2d 239 · 1974
Citation profile
11 federal appellate · 1 district · 3 state decisions
Relationships
Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Roviaro v. United States · Henry v. Mississippi · United States v. Barnes · Velarde-Villarreal v. United States · United States v. D'Angiolillo
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether an informant’s identity should be disclosed depends on the circumstances of each case and requires a balancing of the public’s right to the flow of information against the requirements of providing a fair trial to the defendant. Roviaro v. United States, 353 U.S. 53 , 77 S.Ct. 623 , 1 L. Ed.2d 639 (1957). If for legitimate reasons, the government decides not to identify the informant in advance of trial, then absent special circumstances, it must take reasonable steps to have him available when the case is called, should a ruling in favor of disclosure be made. United States v. Leon, 487 F.2d 389 (9th Cir. 1973); United States v. Barnes, 486 F.2d 776 (8th Cir. 1973); Velarde-Villareal v. United States, 354 F.2d 9 (9th Cir. 1965); United States v. D’Angiolillo, 340 F.2d 453 (2d Cir. 1965); United States v. Clarke, supra. In this case the failure of the government to undertake a serious search for the informant in advance of the date set for trial has not been explained, and hence in the circumstances here we do not consider that the obligation to produce the witness has been met. U. S. v. Jones, 492 F.2d at 242 .”
1 later decision quote this exact passage · from the majority“[I]t is necessary also that the government surmount the hurdle posed by United, States v. Pratt, 429 F.2d 690 (3d Cir. 1970). Since a new trial must be had, however, we do not pass upon those issues here. 492 F.2d at 241 .”
1 later decision quote this exact passage · from the majority
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.