United States v. Johnson’s Empirical Analysis
577 F.2d 1304 · 1978
Citation profile
139 federal appellate · 4 district · 10 state decisions
How this case has been cited
Cited by 242 later decisions (1 by the Supreme Court) — most recently February 2017 · most notably United States v. Armstrong (1996), Edwards v. Commissioner (1982)
139 federal appellate · 4 district · 10 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
Relies on Kotteakos v. United States · Ohio Bureau of Employment Services v. Hodory · United States v. Nixon · Bolling v. Sharpe · William Marbury v. James Madison
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 242 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To support a defense of selective or discretionary prosecution, a defendant bears the heavy burden of establishing, at least prima facie, (1) that, while others similarly situated have not generally been proceeded against because of conduct of the type forming the basis of the charge against him, he has been singled out for prosecution and (2) that the government’s discriminatory selection of him for prosecution has been invidious or in bad faith, i.e., based upon such impermissible considerations as race, religion, or the desire to prevent his exercise of constitutional rights____””
8 later decisions quote this exact passage · from the majority“and refuse to cooperate at all in the determination of his tax liability. He argues that he has a privilege, under the Fifth Amendment, to refuse to disclose any income information since he claims that some of his income was derived from illegal activities.... Under well-established precedents, Johnson is wrong in these contentions. 4 (empahsis in original). Similarly, we have held,”
6 later decisions quote this exact passage · from the majority“[t]he Fifth Amendment privilege protects the erroneous taxpayer by providing a defense to the prosecution if the jury finds that the claim, though erroneous, was made in good faith.”
6 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.