Lerner v. Moran’s Empirical Analysis

Citation profile

2 district · 7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “admitted that during Lerner’s trial [for murder], at the direction of Special Agent Rico, he testified falsely in certain matters relating to the factual circumstances surrounding the murders. For example, during Lerner’s trial Kelley testified that he had personally “cut down” the shotgun used in the murders. However, during the Manocchio trial, Kelley stated that his armorer had actually “cut down” the shotgun. Kelley said that Special Agent Rico had directed him not to mention the armorer’s role in the murders. It appears that the armorer was a valuable FBI informant that Special Agent Rico wanted to keep on the streets.”

   1 later decision quote this exact passage
   e.g. 91 F. Supp. 2d 141 - United States v. Salemme

2. “The easy cases — at least they now seem so — are where the prosecutor’s suppression is 'deliberate, ’ by which we include not merely a considered decision to suppress, taken for the very purpose of obstructing, but also a failure to disclose-evidence whose-high value to the defense could not have escaped the prosecutor’s attention.” (quoting United States v. Keogh, 391 F.2d 138, 146-47 (2d Cir. 1968) (emphasis added))). . Obviously, if the former prosecutor did not disclose the Carrier statements simply because they presented him with”

   1 later decision quote this exact passage
   e.g. Tempest v. State