United States v. Mobley’s Empirical Analysis
656 F.2d 988 · 1981
Citation profile
11 federal appellate · 7 state decisions
How this case has been cited
Cited by 19 later decisions — most recently September 2011
11 federal appellate · 7 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
Relies on Ohio Bureau of Employment Services v. Hodory · Hulver v. United States · Williams v. Califano · United States v. Mutchler · United States v. Jefferson
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.
“Jefferson makes clear that jurors who, in the interim between their selection as jurors for a particular case, serve as jurors in similar cases may be challenged for cause, Id. at 262. The Jefferson rule distinguishes the situation in which jurors have “interim” service from cases in which jurors, prior to their selection as jurors for a particular case, served on the jury in a similar case. In this latter situation, although counsel is entitled to develop on voir dire information concerning the nature of a prospective juror’s previous jury service, United States v. Montelongo, 507 F.2d 639 , 641 (5th Cir. 1975), such prior service, even in similar cases during the same term of court cannot support a challenge for cause unless it can be shown that such prior service actually biased the prospective juror. United States v. Reibschlaeger, 528 F.2d 1031 , 1032-33 (5th Cir.), cert. denied, 429 U.S. 828 , 97 S.Ct. 86 , 50 L.Ed.2d 91 (1976). By contrast, Jefferson holds that interim, as distinct from prior, service will support a challenge for cause because “[i]nterim service is more proximate in time, and creates a heightened danger of prejudice, which is especially great when the offenses are similar or the witnesses the same.... ” Id. at 262.”
1 later decision quote this exact passage · from the majority“[T]o argue that counsel waives [a challenge for cause] by failing to use an available peremptory strike to dismiss that juror ... is to contend that counsel must sacrifice one of the peremptory challenges rightfully available to him or her in order to strike a juror who could properly be challenged for cause.... There is no support ... for requiring such a trade-off.”
1 later decision quote this exact passage · from the majoritye.g. Depree v. Thomas
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.