Cherek v. United States’s Empirical Analysis
767 F.2d 335 · 1985
Citation profile
22 federal appellate · 2 district ·
How this case has been cited
Cited by 46 later decisions — most recently May 2021 · most notably Marino v. Vasquez (1987), United States v. Kelly (1986)
22 federal appellate · 2 district ·
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. § 3143 (Bail Reform Act of 1984) · 18 U.S.C. § 3145 (Bail Reform Act of 1984) · 18 U.S.C. § 3147 (Bail Reform Act of 1984) · 28 U.S.C. § 1291 · 28 U.S.C. § 1651 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Cohen v. Beneficial Industrial Loan Corp. · Abney v. United States · Will v. United States · Roche v. Evaporated Milk Ass'n · Stack v. Boyle
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A defendant whose conviction has been affirmed on appeal (or who waived his right of .appeal, as by pleading guilty, or by foregoing appeal after being convicted following a trial) is unlikely to have been convicted unjustly; hence the case for bail pending resolution of his post-conviction proceeding is even weaker than the case for bail pending appeal.”
2 later decisions quote this exact passage · from the majority“there is no occasion for such coyness.... there is more than a little doubt whether a difficult question of appealability can be elided, especially in a criminal case, by relabeling the appeal a petition for mandamus.”
1 later decision quote this exact passage · from the majoritye.g. Dotson v. Clark“[a] person's right to liberty pending disposition of his case on the merits is (somewhat) distinct from the merits.”
1 later decision quote this exact passage · from the majoritye.g. Dotson v. Clark
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.