United States v. King’s Empirical Analysis

Citation profile

83 federal appellate · 1 district · 26 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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Thus, a number of our cases — in fact, all but one — have declined to find plain error when the fact of a coconspirator’s guilty plea was made known to the jury even though no cautionary instructions were given. In assessing King’s assertion of plain error in this case, then, we must carefully examine all the facts and circumstances of the case in their proper context. The presence or absence of an instruction is an important factor, but it is also essential to consider other factors, such as whether there was a proper purpose in introducing the fact of the guilty plea, whether the plea was improperly emphasized or used as substantive evidence of guilt, whether the introduction of the plea was invited by defense counsel, whether an objection was entered or an instruction requested, whether the defendant’s failure to object to the testimony could have been the result of tactical considerations, and whether, in light of all the evidence, the failure to give an instruction was harmless beyond a reasonable doubt.”

   9 later decisions quote this exact passage · from the majority
   e.g. United States v. Edwards · United States v. McLain

2. ““We recognize that there is potential prejudice inherent in a witness’ statement that he was the defendant accomplice or co-conspirator, and that he has pled guilty to the crime for which the defendant is charged. One person’s guilty plea or conviction may not be used as substantive evidence of guilt of another.” (citations omitted)”

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

3. “We recognize that there is potential prejudice inherent in a witness' statement that he was the defendant's accomplice or co-conspirator, and that he has pled guilty to the crimes for which the defendant is charged. One person's guilty plea or conviction may not be used as substantive evidence of the guilt of another. The introduction of a co-defendant's guilty plea is permissible, however, when its use is limited to proper evidentiary purposes such as to impeach trial testimony or to reflect on a witness' credibility. Nonetheless, this circuit has emphasized that cautionary instructions by the trial court are both essential and effective in avoiding prejudice where the fact of a co-conspirator's guilty plea is brought out at a trial before a jury. But, as our cases make clear, the lack of an instruction does not necessarily constitute reversible error. Our focus on review is fairness, and jury instructions are but one factor to be considered in determining whether the proceedings below unfairly prejudiced the substantial rights of the accused.”

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