United States v. Eilertson’s Empirical Analysis
707 F.2d 108 · 1983
Citation profile
16
cited by 16 later decisions
October 1997
most recently cited
14 federal appellate ·
Relationships
Applies 18 U.S.C. § 3231
Relies on United States v. Pomponio · United States v. Bishop · United States v. Bengimina · United States v. Spurgeon
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he district courts ... shall have original jurisdiction, ... of all offenses against the laws of the United States.”
3 later decisions quote this exact passage · from the majority“Now, back to willful again. Willful is the intentional violation of known legal duty. The defendant’s conduct is not willful if he acted through negligence, inadvertence, or mistake, or due to a good faith misunderstand. If you find that the defendant believed in good faith that he was acting within the law and that the defendant was not guilty of careless disregard as to whether or not he had the right to so act, you must find the defendant not guilty for lack of proof of willfulness. In Eilertson we stated: The United States Attorney has admitted that he tried the case on a theory of careless and reckless disregard. Further, it is undisputed that he used this term nineteen times in his rebuttal argument to the jury. While the instruction itself may not have required reversal, there can be no mistake that the United States Attorney’s trial of the case on this theory and his many references to careless disregard in his reply argument brought the matter home forcefully to the jury so that it cannot be overlooked.”
1 later decision quote this exact passage · from the majority“... requires more than a showing of careless disregard of the truth.'”
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.