United States v. Diggs’s Empirical Analysis

Citation profile

45 federal appellate · 1 district · 1 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. “Had the government made a strong case against the defendant, we would have been inclined to hold that the giving of Instruction No. 13 was not prejudicially erroneous in view of other instructions of the district court. As has been seen, however, we do not consider that the government made even a submissible case, let alone a strong one. And even where the government makes a strong case, the giving of an instruction containing the language of the second paragraph of Instruction No. 13 is a dangerous practice. Further, it may be doubted that in any event the questioned language, to the extent that it has logical validity, really tells an intelligent jury anything that it does not know already. See United States v. Barash, 365 F.2d 395 , 402 (2nd Cir. 1966).”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Littlebear · Elam v. Nix

2. “Every defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt as to whether his guilt is satisfactorily shown, he is entitled to be acquitted. This presumption of innocence attends the defendant throughout the trial, and you should bear it in mind while considering the evidence in the jury room. But the presumption of innocence can be overcome by evidence, and is overcome if the evidence in the case satisfies you beyond a reasonable doubt that the defendant is guilty. Instruction No. 4: The burden of proof is upon the State. The defendant is not required to prove himself innocent (or to introduce any evidence whatever, even though it may be in his power to do so.) It is his right to rely for his defense, either wholly or in part, upon the claim that the State has not produced sufficient evidence to prove its case. The burden is at all times upon the State to prove every material fact and element necessary to constitute the offense charged. But the State is not required to prove its case beyond all doubt, or to an absolute certainty, for such certainty could rarely, if ever, be attained. It must prove the defendant guilty to your satisfaction beyond a reasonable doubt. In other words, before you can find the • defendant guilty, you should be so satisfied with the proof of his guilt that you have no reasonable doubt about it. Instruction No. 12: Therefore, if the evidence in this case excludes in your minds every”

   1 later decision quote this exact passage · from the majority
   e.g. Nelson v. Solem

3. “Should the case be tried again, the government might well be able to improve its evidentiary position by proving the statements and admissions that the district court excluded in the course of the original trial. And had the defendant moved for a new trial as an alternative to his prayer for a judgment of acquittal, we would order a new trial. Sapir v. United States, 348 U.S. 373 , 75 S.Ct. 422 , 99 L.Ed. 426 (1955); Bryan v. United States, 338 U.S. 552 , 70 S.Ct. 317 , 94 L.Ed. 335 (1950); United States v. Koonce, 485 F.2d 374 , 381-82 (8th Cir. 1973); 2 Wright, Federal Practice & Procedure, Criminal, § 470, pp. 268-273. While in the concluding sentence of his brief counsel for the defendant asks for a new trial as alternative relief, it does not appear that he moved for a new trial in the district court, and in such circumstances we feel constrained to reverse the judgment of that court and remand the case with directions for the entry of a judgment of acquittal. Sapir v. United States and United States v. Koonce, both supra.”

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