United States v. McKenzie’s Empirical Analysis
768 F.2d 602 · 1985
Citation profile
68 federal appellate · 4 district · 9 state decisions
How this case has been cited
Cited by 103 later decisions — most recently February 2018 · most notably United States v. Koon (1994), United States v. Basey (1987)
68 federal appellate · 4 district · 9 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. § 2 · 18 U.S.C. § 241 (Church Arson Prevention Act of 1996) · 18 U.S.C. § 3500
Relies on Brady v. State of Maryland · Glasser v. United States · United States v. Bagley · The Boeing Company v. Daniel C. Shipman · Desist 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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Brady does not oblige the government to provide the defendants with evidence that they could obtain from other sources by exercising reasonable diligence.”
2 later decisions quote this exact passage“—In a letter to the defense dated December 31, 1990, the government stated that “at the time of trial in this matter, you received access to all notes of government attorneys pertaining to interviews with Mr. Simmons which contained any material which was either new or different from that set forth in the memoranda prepared by the Postal Inspector Thompson.” See Memorandum in Support of Frederick A. Gross’ Motion to Set Aside the Verdict, or, in the Alternative, for a New Trial (Defendants’ Joint Motion), Exhibit 11 (emphasis added in Defendants’ Joint Motion); Defendants’ Supplemental Memorandum at 6. —Again in the same letter, the government stated “You will recall that the government made an extensive examination of all notes in its possession during the course of the trial to determine whether there was any material which was either new or different from that provided in the Postal Inspector’s two memorandums of interview. The government disclosed to you those notes which contained any such material.” Defendants’ Joint Motion, Exhibit 11 (emphasis added in Defendants’ Joint Motion); Defendants’ Supplemental Memorandum at 6-7. 7 —In a telephone conversation with defense counsel the day before Gross and Searcy were to be sentenced, January 2, 1991, the government again described the material it understood itself to be obligated to produce under my Jencks Act ruling as that which was “new or different” from the memoranda of the postal inspector. Defendants’ Joint Motion, Exh”
1 later decision quote this exact passage“in order to succeed on a Brady claim. See United States v. Ellender, 947 F.2d 748 , 756 (5th Cir.1991). Suppressed evidence is material only if “there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A 'reasonable probability’ is a probability sufficient to undermine confidence in the outcome.”
1 later decision quote this exact passage
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.