United States v. Busic’s Empirical Analysis
587 F.2d 577 · 1978
Citation profile
45 federal appellate · 3 district · 14 state decisions
How this case has been cited
Cited by 79 later decisions (1 by the Supreme Court) — most recently June 2020 · most notably Busic v. United States (1980), United States v. Lewis (1986)
45 federal appellate · 3 district · 14 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.
Appellate journey
Relationships
Applies 18 U.S.C. § 111 (Federal Judiciary Protection Act of 2002) · 18 U.S.C. § 1153 · 18 U.S.C. § 2 · 18 U.S.C. § 2113 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Glasser v. United States · Blockburger v. United States · Ohio Bureau of Employment Services v. Hodory · Pinkerton v. United States · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he district court should determine whether evidence of the prior convictions would be independently admissible on the other counts. If it is determined that the convictions would not be admissible on the other counts — that were these counts to be tried alone the jury would not hear this evidence — then severance should be granted.”
5 later decisions quote this exact passage · from the majority“Every experienced trial lawyer knows that the decision to call a witness often turns on factors which have little to do with the actual content of his testimony. Considerations of cumulation and jury fatigue may preclude calling a witness who is entirely helpful; calculations that a witness may help a lot but hurt a little may compel restraint when counsel believes that his burden is already met. Then, too, questions of demeanor and credibility, hostility, and the like may influence the [party] not to produce a witness whose testimony might be entirely harmful to the [other party].”
2 later decisions quote this exact passage · from the majoritye.g. Harris v. State · State v. Tahair“Whoever— "(1) uses a firearm to commit any felony for which he may be prosecuted in a court of the United States, or "(2) carries a firearm unlawfully during the commission of any felony for which he may be prosecuted in a court of the United States[,] "shall, in addition to the punishment provided for the commission of such felony, be sentenced to a term of imprisonment for not less than one year nor more than ten years. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to a term of imprisonment for not less than two nor more than twenty-five years and, notwithstanding any other provision of law, the court shall not suspend the sentence in the case of a second or subsequent conviction of such person or give him a probationary sentence, nor shall the term of imprisonment imposed under this subsection run concurrently with any term of imprisonment imposed for the commission of such felony.”
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.