United States v. Bovain’s Empirical Analysis
708 F.2d 606 · 1983
Citation profile
23 federal appellate · 8 state decisions
How this case has been cited
Cited by 32 later decisions — most recently June 2003 · most notably United States v. Noble (1985), United States v. Lenfesty (1991)
23 federal appellate · 8 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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Bonner v. City of Prichard · Starnes v. Penrod Drilling Co. · American Sterilizer Co. v. Sybron Corp. · Topsy's International, Inc. v. Seiffer · Massler 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he defense of a defendant reaches a level of antagonism (with respect to the defense of a co-defendant) that compels severance of that defendant, if the jury, in order to believe the core of testimony offered on behalf of that defendant, must necessarily disbelieve the testimony offered on behalf of his co-defendant_ Where two defendants present defenses that are antagonistic at their core, a substantial possibility exists “ ‘that the jury will unjustifiably infer that this conflict alone demonstrates that both are guilty.’ ” If the essence of one defendant’s defense is contradicted by a co-defendant’s defense, then the latter defense can be said to “preempt” the former. This sort of conflict between defendants creates the compelling prejudice that mandates severance.”
1 later decision quote this exact passage · from the majoritye.g. State v. Snodgrass““For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination but only if the crime ... (2) involved a dishonest or false statement, regardless of the punishment.””
1 later decision quote this exact passage · from the majority““[t]he declarant of a hearsay statement which is admitted into evidence is in effect a witness. His credibility should in fairness be subject to impeachment and support as though he had in fact testified. See Rules 608 and 609____””
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.