United States v. Beasley’s Empirical Analysis

Citation profile

4 federal appellate ·

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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our two-part test for determining whether prosecutorial misconduct warrants a mistrial requires us to examine (1) whether the prosecutor’s remarks were improper and, if so, (2) whether they were flagrant. Macias v. Makowski, 291 F.3d 447 , 452 (6th Cir.2002). “[IJmproper remarks that are flagrant amount to per se reversible error; improper remarks that are not flagrant may amount to reversible error in certain circumstances.” United States v. Hargrove, 416 F.3d 486 , 493 (6th Cir.2005). “To determine the flagrancy of the prosecutor’s remarks, we look at (1) whether the statements tended to mislead the jury and prejudice the defendant; (2) whether the statements were isolated or pervasive; (3) whether the statements were deliberately placed before the jury; and (4) whether the evidence against the accused is otherwise strong.” White, 563 F.3d at 193 (citations omitted).”

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

2. “did knowingly recruit, entice, harbor, transport, provide, obtain, and maintain by any means, in and affecting interstate commerce, D.B., a minor whose identity is known to the Grand Jury, and did benefit, financially and by receiving something of value, knowing and in reckless disregard of the fact that D.B. had not attained the age of 18 years and would be caused to engage in a commercial sex act, and knowing that force, fraud, and coercion would be used to cause D.B. to engage in a commercial sex act; all in violation of Title 18, United States Code, Sections 1591 (a)(1) and (2), (b)(1) and (2), (c), and Section 2.”

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

3. “[IJmproper remarks that are flagrant amount to per se reversible error; improper remarks that are not flagrant may amount to reversible error in certain circumstances.”

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