United States v. Harmon’s Empirical Analysis
632 F.2d 812 · 1980
Citation profile
35 federal appellate · 1 district · 11 state decisions
How this case has been cited
Cited by 56 later decisions (1 by the Supreme Court) — most recently June 2018 · most notably Lockhart v. Nelson (1988), United States v. Bishop (1992)
35 federal appellate · 1 district · 11 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. § 2510 (Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 2518 (Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 3150 (Bail Reform Act of 1984) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Burks v. United States · Greene v. Massey · United States v. Tateo · Dalia v. United States · United States v. Mandel
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Reversal for evidentiary insufficiency constitutes a decision that the government failed to prove the guilt of the accused. Reversal for failure to suppress evidence involves only a determination that the trial process was defective in a material respect, and implies nothing as to the sufficiency of the evidence of guilt of the defendant. The untainted evidence introduced by the government does not necessarily reflect all other available evidence of the defendant’s involvement. It is impossible to know what additional evidence the government might have produced had the faulty evidence been excluded at trial, or what theory the government might have pursued had the evidence before the jury been different. United States v. Mandel, 591 F.2d 1347, 1373-74 (4th Cir.), rev’d on other grounds, 602 F.2d 653 (4th Cir.1979) (en banc); United States v. Block, 590 F.2d 535 , 544 n. 12 (4th Cir.1978). It would prolong trials unduly to adopt a rule that would require the government to introduce all available evidence and assert every possible legal theory in anticipation of reversal of trial court rulings admitting evidence. Moreover, "it is at least doubtful that appellate courts would be as zealous as they now are in protecting against the effects of improprieties at the trial or pretrial stage if they knew that reversal of a conviction would put the accused irrevocably beyond the reach of further prosecution. In reality, therefore, the practice of retrial serves defendants’ rights as w”
3 later decisions quote this exact passage · from the majority“the Double Jeopardy Clause does not bar retrial when reversal is based on the improper admission of evidence.” Id. We do not read this to preclude consideration of the defendant’s accompanying sufficiency claim, but rather to require that all evidence adduced at trial be considered in making a sufficiency determination. If all the evidence the government produced at a defendant’s first trial, including that which should not have been admitted, is insufficient to support the conviction, then the government has had its proverbial”
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.