United States v. Herrell’s Empirical Analysis
588 F.2d 711 · 1978
Citation profile
34 federal appellate · 2 state decisions
How this case has been cited
Cited by 41 later decisions (2 by the Supreme Court) — most recently January 2007 · most notably Lewis v. United States (1980), Dickerson v. New Banner Institute, Inc. (1983)
34 federal appellate · 2 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. § 922 (Brady Handgun Violence Prevention Act)
Relies on Boykin v. Alabama · Freeman v. Zahradnick · United States v. Brashier · United States v. Liles · United States v. Pricepaul
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person ... as if the judgment of guilt had not been set aside.”
2 later decisions quote this exact passage · from the majority“"... except that the conviction may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing the provisions of § 28-445 or 28-446 as if the judgment of guilt had not been set aside."”
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.