United States v. Weisman’s Empirical Analysis
736 F.2d 421 · 1984
Citation profile
22 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 31 later decisions — most recently February 2019 · most notably United States v. Herrero (1990), United States v. Sanders (1992)
22 federal appellate · 1 district · 5 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 18 U.S.C. § 371
Relies on Bruton v. United States · Sheppard v. Maxwell · Schneble v. Florida · Marshall v. United States · United States v. Peskin
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Nevertheless, a new trial is not required automatically whenever a jury is exposed to material not properly in evidence. Rather, a new trial is required only when there is a ‘reasonable possibility’ that the material affected the jury verdict. Each case ‘must turn on its special facts,’ Marshall v. United States, 360 U.S. 310 , 312, 79 S.Ct. 1171 , 1172, 3 L.Ed.2d 1250 (1959), and in each case the crucial factor is ‘the degree and pervasiveness of the prejudicial influence possibly resulting’ from the jury’s exposure to the extraneous material. United States v. Solomon, 422 F.2d 1110 , 1118 (7th Cir.1970). The trial court has the primary responsibility for making this determination of prejudice, and an appellate court must review the trial court’s determination under an ‘abuse of discretion’ standard.””
4 later decisions quote this exact passage · from the majority“[T]he jury's verdict [must] be based on evidence received in open court, and not from outside sources.”
2 later decisions quote this exact passage · from the majority“a codefendant's guilty plea ... might be prejudicial under some circumstances,”
2 later decisions 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.