United States v. DeMarco’s Empirical Analysis
550 F.2d 1224 · 1977
Citation profile
74 federal appellate · 5 district · 14 state decisions
How this case has been cited
Cited by 113 later decisions (1 by the Supreme Court) — most recently October 2016 · most notably Bordenkircher v. Hayes (1978), United States v. J. Joseph Kennedy, United States of America v. Robert J. Myers, United States of America v. Lawrence F. Carlson (1977)
74 federal appellate · 5 district · 14 state decisions — followed in 10 states
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
Relies on North Carolina v. Pearce · Blackledge v. Perry · United States v. Ruesga-Martinez · 401 F. Supp. 505 - United States v. DeMarco
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Blackledge and Pearce each establish a prophylactic rule imposing limits upon prosecutorial discretion is (sic) seeking new indictments or in conducting retrials when such actions carry with them the opportunity of retaliation for a defendant’s exercise of a statutory right that has due process implications.” Id.”
3 later decisions quote this exact passage · from the majority“it was not constitutionally permissible for the Government to threaten to 'up the ante' to discourage DeMarco from exercising his venue right; a fortiori, it was constitutionally impermissible to follow up the threat with the California indictment.”
3 later decisions quote this exact passage · from the majority““DeMarco is controlled by the teaching of Blackledge unless the statutory right involved (change of venue) is so different from the statutory rights to appeal (North Carolina v. Pearce, supra) and to a trial de novo (Blackledge v. Perry, supra ) as to justify a different result. We perceive no basis for distinguishing DeMarco’s venue right under 18 U.S.C. § 3237 (b) from the statutory rights considered in Blackledge and Pearce . As in those cases, the statutory right involved has due process overtones, although none of the rights is constitutionally mandated.” Id. at 1227.”
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.