United States v. Bernard’s Empirical Analysis

Citation profile

6 federal appellate · 2 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To establish plain error, [the appellant] must show that the district court erred, that the error was plain, and that it affected his substantial rights. With regard to the third element of that standard, [the appellant] must show that the alleged error actually “affected the outcome of the district court proceedings.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Alvis Williams

2. “[Because] defense counsel 'bears substantial responsibility’ for allowing the alleged error to pass without objection ... [we] conclude that, at a minimum, his failure to preserve the claim of invalid waiver warrants plain error review.”); id. at 596 (Diaz, J., dissenting) (”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Stanley

3. “The Constitution may have allowed the trial judge to block [the defendant’s] request to go it alone, but it certainly didn't require it.”); United States v. Bernard, 708 F.3d 583 , 590 (4th Cir.2013), cert. denied, - U.S. -, 134 S.Ct. 617 , 187 L.Ed.2d 400 (2013) (”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Jonassen