United States v. Kessler’s Empirical Analysis
692 F.2d 584 · 1982
Citation profile
24 federal appellate · 5 district · 11 state decisions
How this case has been cited
Cited by 60 later decisions — most recently July 2015 · most notably United States v. Bagley (1985), United States v. Jones (1996)
24 federal appellate · 5 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. § 3731
Relies on Simmons v. United States · Neil v. Biggers · Manson v. Brathwaite · Warden, Maryland Penitentiary v. Hayden · Brower 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a very substantial likelihood of irreparable misidentification,”
6 later decisions quote this exact passage · from the majority“The use of handcuffs or other indicia of custody will not invalidate a show-up, at least where necessary for the prompt and orderly presentation of the suspect, consistent with protection of the officers and witnesses.”
3 later decisions quote this exact passage · from the majority“We are content to rely upon the good sense and judgment of American juries, for evidence with some element of untrustworthiness is customary grist for the jury mill.”
3 later decisions 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.