In Re Hiss’s Empirical Analysis

Citation profile

3 federal appellate · 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Moskowitz’s trial] antedated Jencks v. United States, 353 U.S. 657 , 77 S.Ct. 1007 , 1 L.Ed.2d 1103 [1957], and the Jencks Act, 18 U.S.C. § 3500 (1957), which now requires the prosecution to turn over to the defense any statement by a witness to the extent that its contents relates to the subject matter of the testimony (on direct examination) of the witness. At the time of the [Moskowitz trial], however, the applicable rule was that a defendant had to establish — usually by cross examination — that a witness had theretofore made a signed statement containing a material contradiction. Upon such a showing the court would examine the statement in camera, to determine if it did in fact contain such a material contradiction. If it did, the relevant part would be turned over to defense counsel for further cross examination.”

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