United States v. Flaherty’s Empirical Analysis
668 F.2d 566 · 1981
Citation profile
153 federal appellate · 19 district · 9 state decisions
How this case has been cited
Cited by 201 later decisions — most recently August 2023 · most notably United States v. Sepulveda (1993), United States v. Boylan (1990)
153 federal appellate · 19 district · 9 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 Brady v. State of Maryland · Kotteakos v. United States · United States v. Agurs · Griffin v. California · Berger v. United States
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 201 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Guilty knowledge may be shown by circumstantial evidence, as well as by direct evidence. See United States v. Kilcullen, 546 F.2d 435, 441 (1st Cir.1976). Circumstantial evidence tending to show guilty knowledge need not compel a finding of such knowledge in order to sustain a conviction; all that is necessary is that reasonable jurors could be convinced beyond a reasonable doubt that the defendants had guilty knowledge. Id. at 441 (citing cases). The jury is `free to choose among various reasonable constructions of the evidence.' United States v. Gabriner, 571 F.2d 48, 50 (1st Cir.1978) citing United States v. Klein, 522 F.2d 296, 302 (1st Cir.1975)." United States v. Flaherty, 668 F.2d 566, 579 (1st Cir. 1981).”
3 later decisions quote this exact passage · from the majority“Despite the clear transgression of the rule, we do not perceive how defendants' exercise of their peremptory challenges was curtailed in any way . . . We do not think that combining the regular and alternate challenges amounts to a violation of defendants' substantial rights. . . .”
2 later decisions quote this exact passage · from the concurrence“[a]rguing evidence not presented is harmless error, however, if the judge, on objection, instructs the jury that closing arguments are not evidence and that the jury's recollections control, and if the absent evidence does not weigh heavily on the other evidence in the case.”
2 later decisions quote this exact passage · from the concurrence
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.