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← 531 F.2d 842 - United States v. Sciuto

United States v. Sciuto’s Empirical Analysis

531 F.2d 842 · 1976

Citation profile

55
cited by 55 later decisions
9
states following
October 2023
most recently cited

26 federal appellate · 1 district · 11 state decisions

How this case has been cited

Cited by 55 later decisions — most recently October 2023 · most notably Scholes v. Lehmann (1995), United States v. Patrick (1976)

26 federal appellate · 1 district · 11 state decisions

330197619801990200020102020decided

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. § 922 (Brady Handgun Violence Prevention Act) · 28 U.S.C. § 144

Relies on Morrissey v. Brewer · Gagnon v. Scarpelli · In the Matters of Lee Roy Murchison and John Whites · Berger v. United States · Chessman v. Teets

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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““[W]e must also consider Sciuto’s argument that he was entitled to a preliminary hearing for the purpose of determining probable cause. We reject that argument because he was not held in custody to await the revocation hearing. Gagnon v. Scarpelli, supra, and the decision on which it is based, Morrissey v. Brewer, supra, prescribe a two-stage procedure for parole and probation revocation: a preliminary hearing on whether there is probable cause to believe the terms of release were violated, and a subsequent final hearing on the merits. In those cases, however, the respondents were held in custody however, the respondents were held in custody until the revocation hearing. The reason for requiring a preliminary hearing was that the conditional liberty of a probationer or parolee, like the more complete liberty of others, cannot constitutionally be infringed without probable cause. This reason for requiring a preliminary hearing is not present when, as here, the probationer is not held in custody to await the revocation hearing. United States v. Tucker, 524 F.2d 77 (5th Cir. 1975); United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974); United States v. Langford, 369 F. Supp. 1107 (N.D. Ill. 1973).””
    2 later decisions 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.