United States v. Cook’s Empirical Analysis
592 F.2d 877 · 1979
Citation profile
35 federal appellate · 1 district · 6 state decisions
How this case has been cited
Cited by 48 later decisions — most recently May 2014 · most notably United States v. Rush (1984), United States v. Aleman (1979)
35 federal appellate · 1 district · 6 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. § 3161 (§ 101 of the Speedy Trial Act of 1974) · 18 U.S.C. § 3163 (§ 101 of the Speedy Trial Act of 1974)
Relies on Glasser v. United States · United States v. Beechum · Thaggard v. United States · United States v. Johnson · Meredith v. Fair
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order for an error to be within the classification of “plain” it must be not only obvious and substantial but also so basic and so prejudicial that the resulting trial lacks the fundamental elements of justice. The “plain error” concept confers upon a reviewing court a “residuum of power which, withheld from the trial participants’ usual control over preservation of error, protects not only their immediate interest but also the criminal justice process itself.” United States v. Johnson, 585 F.2d 119 , 127 (5th Cir. 1978).””
2 later decisions quote this exact passage · from the majority“The district court did not reaquire jurisdiction over Cook’s case until the mandate of this court was issued. The district court originally scheduled Cook’s retrial to commence within thirty-five days of the receipt of our mandate, well within the sixty-day limitation.”
1 later decision quote this exact passage · from the majority“unavailability of witnesses or other factors resulting from passage of time.”
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.