United States v. Davis’s Empirical Analysis
596 F.3d 852 · 2010
Citation profile
3 federal appellate · 2 district · 9 state decisions
Relationships
Applies 18 U.S.C. § 1344 · 18 U.S.C. § 1501 (Corporate and Criminal Fraud Accountability Act of 2002)
Relies on Old Chief v. United States · Williams v. United States · United States v. Patrick · Carney v. The American University · United States v. Giovannetti
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.
“Davis is correct that like checks, money orders are not hearsay. They are legally operative documents with a meaning independent of the truth of the words they display. See 30B M. GRAHAM, FEDERAL PRACTICE AND PROCEDURE: EVIDENCE § 7005, at 46 n. 2 (2006); see also United States v. Pang, 362 F.3d 1187, 1192 (9th Cir. 2004) (collecting citations). As “verbal acts,” their significance “lies solely in the fact that [they were] made, [so] no issue is raised as to the truth of anything asserted.” FED. R. EVID. 801(c) advisory committee’s note. A $100 money order made out to The Hartford instructs a financial institution to disburse $100 to The Hartford. It would make no sense to ask whether the money order was true. Such an “instruction is, by its nature, neither true nor false and thus cannot be offered for its truth.” United States v. Shepherd, 739 F.2d 510, 514 (10th Cir.1984).”
2 later decisions quote this exact passage“Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount of a claim that was disputed as to validity or amount, or to impeach through a prior inconsistent statement or contradiction: (1) furnishing or offering or promising to furnish — or accepting or offering or promising to accept — a valuable consideration in compromising or attempting to compromise the claim; and (2) conduct or statements made in compromise negotiations regarding the claim, except when offered in a criminal case and the negotiations related to a claim by a public office or agency in the exercise of regulatory investigative, or enforcement authority.”
2 later decisions quote this exact passage“[The defendant asked - he said, 'Can we just split this $29,000 and make this situation go away? .... I told him that [the] amount was in excess of a hundred thousand dollars. [The defendant's] statement to me at that point was, 'I can't afford to pay that amount,' and then I told him - I said, ' Terry, if you want to do some - negotiate some kind of settlement, you need to talk to our legal counsel or our international president .' " [ 29 ]”
1 later decision quote this exact passage
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.