United States v. Brunk’s Empirical Analysis
587 F.2d 910 · 1978
Citation profile
5 federal appellate · 1 state decisions
How this case has been cited
Cited by 7 later decisions — most recently August 1992
5 federal appellate · 1 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 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002)
Relies on Glasser v. United States · Berger v. United States · United States v. District Court · Rogers v. United States · Indiana Employment Security Division v. Burney
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is settled law that communications between judge and jury in the absence of and without notice to defendant and his counsel are improper. Jackson v. Hutto, 508 F.2d 890 , 891 (8th Cir. 1975). The appellant’s right to be present is constitutionally guaranteed by both the Fifth and Sixth Amendments to the federal constitution. Id. However, although such communications create a presumption of prejudice, Rogers v. United States, 422 U.S. 35 , 95 S.Ct. 2091 , 45 L.Ed.2d 1 (1975); Jackson v. Hutto, supra 508 F.2d at 892 , such presumptions “may be overcome by evidence giving a clear indication of lack of prejudice.” Rice v. United States, 356 F.2d 709 , 717 (8th Cir. 1966) (footnote omitted). See McClain v. Swenson, 435 F.2d 327 , 331 (8th Cir. 1970) (presumption overcome).”
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.