United States v. Johnson’s Empirical Analysis

Citation profile

6 federal appellate · 9 district ·

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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Evidence is “material” only if “ ‘there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.’ ” Kyles v. Whitley, 514 U.S. 419, 433-34 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995) (quoting United States v. Bagley, 473 U.S. 667, 682 , 105 S.Ct. 3375 , 87 L.Ed.2d 481 (1985) (opinion of Blackmun, J.)). A “probability” reaches the level of “reasonable” when it is high enough to “undermine confidence in the verdict.” Id. at 435, 115 S.Ct. 1555 ; see United States v. Bowie, 198 F.3d 905, 909 (D.C.Cir.1999). The court does not have to be convinced that it is “more likely than not that the defendant would have been acquitted had the evidence been disclosed.” Bowie, 198 F.3d at 909 (citing Kyles, 514 U.S. at 434 , 115 S.Ct. 1555 ).”

   1 later decision quote this exact passage
   e.g. 825 F. Supp. 2d 1 - United States v. Vega