United States v. Spence’s Empirical Analysis
719 F.2d 358 · 1983
Citation profile
8 federal appellate · 1 state decisions
How this case has been cited
Cited by 15 later decisions — most recently August 2020
8 federal appellate · 1 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
Relies on North Carolina v. Pearce · Blackledge v. Perry · United States v. Goodwin · Lustig v. United States · Murzyn 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the circumstances demonstrate either actual vindictiveness or a realistic fear of vindictiveness. Where the circumstances show only a realistic fear of vindictiveness, however, the strength of the presumption is determined by a balancing test which weighs the need to give defendants freedom to decide whether to appeal against the need to give the prosecutors freedom to decide whether to prosecute.”
2 later decisions quote this exact passage · from the dissent“[w]here the subsequently indicted activity is separate and distinct from the criminal conduct originally indicted, however, a defendant’s due process rights are offended only if there is actual vindictiveness as opposed to the mere apprehension of vindictiveness____”
1 later decision quote this exact passage · from the dissent“more serious charges following the defendant's exercise of procedural rights ...”
1 later decision quote this exact passage · from the dissent
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.