United States v. Capo’s Empirical Analysis
595 F.2d 1086 · 1979
Citation profile
46 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 66 later decisions — most recently May 2024 · most notably United States v. Phillips (1981), United States v. Bermea (1994)
46 federal appellate · 1 district · 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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Glasser v. United States · Irvin v. Dowd · Sheppard v. Maxwell · Estes v. Texas · Murphy v. Florida
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(jury) prejudice is presumed and there is no further duty to establish bias.”
4 later decisions quote this exact passage · from the majority“wherein the press saturated the community with sensationalized accounts of the crime and court proceedings, and was permitted to overrun the courtroom, transforming the trial into an event akin to a three-ring circus.”
2 later decisions quote this exact passage · from the majority“The prosecutor gave notice before trial that he intended to introduce evidence of this criminal behavior to show motive, plan, intent, and identity, as permitted by Fed.Rules of Evidence 404(b). Prior to trial, defendants filed a motion in limine to exclude this evidence. Thereafter, the trial judge’s law clerk verbally informed both parties that all pretrial motions were denied. Thus, the prosecutor made his argument with the good faith belief that the evidence was admissible. No reversible error was committed. The allegations as to the other statements made at trial by the prosecutor are equally without merit.”
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.