United States v. Auerbach’s Empirical Analysis
682 F.2d 735 · 1982
Citation profile
25 federal appellate ·
Relationships
Applies 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act)
Relies on Berger v. United States · United States v. Russell · Bullock v. United States · Hampton v. United States · Amperex Electronic Corp. v. New York Racing Assn., Inc.
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The minimal showing has been made. My observation of the five day trial leads me to believe that prosecution evidence against Thomas Auerbach and evidence offered in defense of Thomas Auerbach tended to harm Wilbur Auerbach. This evidence, including Thomas Auerbach’s prior felony conviction, and the prosecutor’s improper repeated questions about why Thomas Auerbach was in the penitentiary * * * would not have been presented in a separate trial of Wilbur Auerbach. The harm to Wilbur Auer-bach was compounded by the appearance of unity generated by the father-son relationship and the fact that they were represented by the same lawyer. If Wilbur Auerbach had had his own lawyer, he surely would have moved for a separate trial. Perhaps such a motion would not have been granted, but I believe it might have been granted if capably presented by independent counsel. The father-son relationship coupled with the son’s past record would have made a motion for severance far more compelling than in the usual case of unrelated codefendants. Independent counsel for Wilbur Auerbach would have been free to fully demonstrate how his client would be harmed by a joint trial with his son. (It is true that Mr. Rodenberg could have moved for separate trials for his two clients, but his representation of Thomas would have precluded him from making a full demonstration to the court of the problems a joint trial would hold for Wilbur.) Even if the court had rejected a motion by independent counsel for a”
1 later decision quote this exact passage · from the majority“(1) a material issue on which other crimes evidence may be admissible has been raised; (2) the proffered evidence is relevant to that issue; (3) the evidence of other crimes is clear and convincing. In addition, to be admissible on such issues as intent, knowledge, or plan, the other crimes evidence must relate to wrongdoing “similar in kind and reasonably close in time to the charge at trial.” Finally, the evidence otherwise admissible under Rule 404(b) may be excluded under Fed. R.Evid. 403, “if its probative value is substantially outweighed by the danger of unfair prejudice.””
1 later decision quote this exact passage · from the majority“United States v. Auerbach, 682 F.2d 735 , 739 (8th Cir.), cert. denied, --- U.S. ----, 103 S.Ct. 219, 74 L.Ed.2d 174 (1982) (quoting United States v. Bohr, 581 F.2d 1294 , 1301 (8th Cir.), cert. denied, 439 U.S. 958, 99 S.Ct. 361, 58 L.Ed.2d 351 (1978)).”
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.