United States v. Peltier’s Empirical Analysis
585 F.2d 314 · 1978
Citation profile
111 federal appellate · 7 district · 15 state decisions
How this case has been cited
Cited by 141 later decisions — most recently August 2022 · most notably Tichnell v. State (1980), United States v. Iron Shell (1980)
111 federal appellate · 7 district · 15 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
Applies 18 U.S.C. § 2
Relies on Chapman v. State of California · Glasser v. United States · Wong Sun v. United States · Davis v. Alaska · Chambers v. Mississippi
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 141 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““depends upon the degree of confidence with which four inferences can be drawn: (1) from the defendant’s behavior to flight; (2) from flight to consciousness of guilt; (3) from consciousness of guilt to consciousness of guilt concerning the crime charged; and (4) from consciousness of guilt concerning the crime charged to actual guilt of the crime charged.””
6 later decisions quote this exact passage · from the majority“'To substitute for such a picture a naked admission might ... rob the evidence of much of its fair and legitimate weight.'”
2 later decisions quote this exact passage · from the majority“1. The van that the agents followed into the Jumping Bull Compound was occupied by Peltier, Norman Charles and Joseph Stuntz. 2. At the time, Peltier had access to information that he was being followed by FBI agents. One of the occupants of the van, Norman Charles, had been picked up along with two other AIM members, Anderson and Draper, by Coler and Williams the day before. The three had been transported to Pine Ridge in Williams’ car, and were later released. ... 3. Peltier had reason to believe that the agents were looking for him, rather than Jimmy Eage. He stipulated at trial that there was an arrest warrant outstanding, charging him with attempted murder. Upon his arrest in Canada months later for the murders of the agents, Peltier remarked that the two agents were shot when they came to arrest him. 4. Michael Anderson, one of the AIM members who was firing at the cars from one of the houses in the Jumping Bull Compound, testified that after both sides had been shooting at one another from a distance, and at least one of the agents had been wounded, he saw Peltier, Robideau and Butler standing down at the agents’ cars. Peltier at the time was holding an AR-15. Shortly after he saw the three down at the agents’ cars, he began to walk back to Tent City, a distance of about a quarter of a mile. When he arrived at Tent City, Peltier, Robideau and Butler were already there, as was Williams’ car. F.B.I. agents who later searched the area recovered Williams’ badge and billfol”
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.