United States v. Donahue’s Empirical Analysis
539 F.2d 1131 · 1976
Citation profile
44 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 50 later decisions — most recently May 2011 · most notably United States v. Mandel (1979), United States v. Computer Sciences Corp. (1982)
44 federal appellate · 1 district · 2 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. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1343 · 18 U.S.C. § 371 · 18 U.S.C. § 3731
Relies on Wood v. Strickland · United States v. Wilson · Serfass v. United States · United States v. Maze · Smith v. Crouse
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Wjhere the jury returns a verdict of guilt but the trial court thereafter enters a judgment of acquittal, an appeal is permitted. In that situation a conclusion by an appellate court that the judgment of acquittal was improper does not require a criminal defendant to submit to a second trial; the error can be corrected on remand by the entry of a judgment on the verdict.”
1 later decision quote this exact passage · from the majority“In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information as to any one or more counts, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.”
1 later decision quote this exact passage · from the majority“[W]e do not think that it was necessary to show as an overt act ... an actual use of ... the mails ...”
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.