Ostrer v. United States’s Empirical Analysis
577 F.2d 782 · 1978
Citation profile
26 federal appellate · 4 state decisions
How this case has been cited
Cited by 43 later decisions — most recently August 1997 · most notably United States v. Provenzano (1980), United States v. Claiborne (1985)
26 federal appellate · 4 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 15 U.S.C. § 77Q (§ 17 of the Securities Act of 1933) · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 3500 · 18 U.S.C. § 371 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brady v. State of Maryland · United States v. Agurs · Giglio v. United States · Napue v. People of the State of Illinois · Ingraham v. Wright
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We also affirm the district court’s decision to deny the claim for a new trial based on purportedly new information concerning the mental state of a trial juror. On similar facts, the denial without hearing of a virtually identical motion was affirmed by this court in United States v. Dioguardi, 492 F.2d 70, 78-81 (2d Cir. 1974). We fully agree with the district court’s characterization of this aspect of Ostrer’s petition as ‘cumulative, repetitious, and untimely.’ The new information concerning the juror’s mental state proffered by Ostrer in the affidavit of Junius Rush was substantially undermined by the affidavit later obtained from Mr. Rush and filed by the Government in which the affiant modified, if not repudiated, much of his first sworn statement.””
2 later decisions quote this exact passage · from the majority“[t]his request amounted to nothing more than a boilerplate”
2 later decisions quote this exact passage · from the majority“any other material in the possession of the Government bearing adversely on the credibility, character and reputation of [a particular Government witness]; and ... any other material relating to any matter which defense counsel could properly use in the possession of the Government bearing adversely on the credibility, character and reputation of (a particular Government witness); and ... any other material relating to any matter which defense counsel could properly use in cross-examination to inquire into [the witness's] motive and bias in favor of the Government or expectation of favor from the Government,”
1 later decision quote this exact passage · from the majoritye.g. Chaney v. Brown
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.