United States v. Macklin’s Empirical Analysis
523 F.2d 193 · 1975
Citation profile
37 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 53 later decisions — most recently October 2014 · most notably United States v. Roberts (1980), United States v. Ferguson (1985)
37 federal appellate · 1 district · 5 state decisions
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. § 1010 · 18 U.S.C. § 1201 (International Parental Kidnapping Crime Act of 1993) · 18 U.S.C. § 3731 · 18 U.S.C. § 3771
Relies on Tollett v. Henderson · Bain Jr · Davis v. United States · Brewer v. United States · Smith 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he absence of an indictment is a jurisdictional defect which deprives the court of its power to act. Such a jurisdictional defect cannot be waived by a defendant, even by a plea of guilty.”
3 later decisions quote this exact passage · from the majority“"It is clear that most objections to criminal charges must be raised before trial. The exceptions are for objections based upon lack of subject matter jurisdiction and failure to charge an offense. Those two objections can be raised 'by the court or by motion of the defendant at any time during the pendency of the proceeding. ' (Emphasis added). Temporary Rule 16.2(d) (now Rule 15.2(d)). 'Pendency of the proceeding' obviously refers only to the proceeding in the trial court, and this interpretation of the Rule is consistent with federal cases interpreting a similar rule of criminal procedure [, Federal Rule 12(b)]."”
1 later decision quote this exact passage · from the majority“An offense which may be punished by imprisonment for a term exceeding one year ... may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment.”
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.