Bailey v. United States’s Empirical Analysis

Citation profile

2 district · 6 state decisions

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘[b]ecause an accused’s decision whether to testify seldom turns on the resolution of one factor ... a reviewing court cannot assume that the adverse ruling motivated a defendant’s decision not to testify.’ ” Bailey, 699 A.2d at 399 (quoting Luce, 469 U.S. at 42 , 105 S.Ct. 460 ). Third,”

   1 later decision quote this exact passage
   e.g. Brisbon v. United States

2. “the prosecutor might well have decided not to introduce into the record material which would bring with it a potentially thorny appellate issue, and which would thus have created the danger that a conviction would be reversed on appeal”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Holley

3. “[i]f, for example, the [g]overnment's case is strong, and the defendant is subject to impeachment by other means, a prosecutor might elect not to use an arguably inadmissible prior conviction”

   1 later decision quote this exact passage
   e.g. State v. Holley