United States v. Brien’s Empirical Analysis
59 F.3d 274 · 1995
Citation profile
27 federal appellate · 7 district · 5 state decisions
How this case has been cited
Cited by 52 later decisions — most recently April 2015 · most notably United States v. Hall (1999), United States v. Smith (1997)
27 federal appellate · 7 district · 5 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. § 2113
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Hamling v. United States · United Families of America v. Kendrick · Andrijevic v. Kelleran · Lee v. Brown
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the reliability and helpfulness of the proposed expert testimony, the importance and the quality of the eyewitness evidence it addresses, and any threat of confusion, misleading of the jury, or unnecessary delay.”
2 later decisions quote this exact passage · from the majority“credibility determination within the ken of the ordinary judge and juror—unlike, say, DNA identification.”
2 later decisions quote this exact passage · from the majority“an expert such as a psychologist familiar with identification problems could give the jury background information about the mechanism of memory, types of errors, error rates, and other information not commonly possessed by the jury—information that may even be at odds with what a judge or juror might expect.”
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.