United States v. Greene’s Empirical Analysis

Citation profile

116 federal appellate · 1 district · 17 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 157 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1) The Government’s establishment of the performance by the defendant of the criminal acts. 2) The defense-in-chief, in which evidence of insanity is introduced. 3) Rebuttal by the Government, in which an attempt to prove sanity beyond a reasonable doubt is made. 4) Surrebuttal, in which the defendant seeks to produce testimony to contradict the Government’s evidence introduced during rebuttal, to the extent that such testimony should not already have been introduced during the defense-in-chief. See United States v. Greene, 497 F.2d 1068 , 1083 (7th Cir. 1974), cert. denied, 420 U.S. 909 , 95 S.Ct. 829 , 42 L.Ed.2d 839 (1975): Fourth, defendant alleges error in the trial court’s refusal to allow Mrs. Estopinal, mother of the defendant, to testify on surrebuttal about the history of mental illness in the family. The possibility of a genetic base to schizophrenia was first mentioned by a defense psychiatrist, Dr. Holzman, while cross-examined by the prosecution. Later, Dr. Feinerman, presented by the Government on rebuttal, mentioned, during cross-examination by defense, that genetics may be important in schizophrenia. Defense then sought to present Mrs. Estopinal’s surrebuttal testimony. • Assuming, arguendo, that the proposed testimony would be otherwise admissible, it was, nevertheless, offered too late. Surrebuttal evidence must meet and reply to evidence presented by the plaintiff in rebuttal. McCormick, Evidence § 4 (2d ed. 1972). Mrs. Estopinal’s testimony could not have”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Portis · United States v. Burgess

2. “The [faulty] argument in Dunn was in no way essential to [Holmes’s] conclusion. Rather, the holding of Dunn can be supported independently from Holmes’s dicta. The true rationale for the rule permitting inconsistent verdicts in a single trial is that a jury may convict on some counts but not on others not because they are unconvinced, of guilt, but because of compassion or compromise. Indeed if the rule were otherwise, the government would be entitled to have the jury warned that an acquittal on some counts might undermine a guilty verdict on others -— almost the opposite of the standard instruction, which is obviously beneficial to criminal defendants. (Citations omitted.) [Emphasis added.]”

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

3. “Whoever, while aboard an aircraft within the special aircraft jurisdiction of the United States, assaults, intimidates, or threatens any flight crew member or flight attendant (including any steward or stewardess) of such aircraft, so as to interfere with the performance by such member or attendant of his duties or lessen the ability of such member or attendant to perform his duties, shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be . imprisoned for any term of years or for life.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Meeker