United States v. Freeman’s Empirical Analysis
77 F.3d 812 · 1996
Citation profile
24 federal appellate · 6 state decisions
How this case has been cited
Cited by 50 later decisions — most recently June 2017 · most notably United States v. Holmes (2005), 776 So. 2d 1134 - State v. Bright (2000)
24 federal appellate · 6 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 16 U.S.C. § 1538 (§ 9 of the Endangered Species Act of 1973) · 18 U.S.C. § 371 · 18 U.S.C. § 545
Relies on Ohio Bureau of Employment Services v. Hodory · Nebraska v. Wyoming · Berry v. State · United States v. Metz · United States v. Restrepo
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a defendant is aware of a co-defendant's proposed testimony prior to trial, it cannot be deemed newly discovered under [F.R.Crim.P. 33] even if the co-defendant was unavailable because he invoked the Fifth Amendment.”
3 later decisions quote this exact passage“(1) that the evidence is newly discovered and was unknown to him at the time of trial; (2) that the failure to discover the evidence was not due to his lack of diligence; (3) that the evidence is not merely cumulative, but is material; and (4) that the evidence would probably produce an acquittal.”
2 later decisions quote this exact passage“In making a motion for a new trial based on newly discovered evidence the defendant must show that the evidence (1) was discovered after trial, (2) could not have been discovered earlier through due diligence, (3) is material and not merely cumulative or impeaching, and (4) would likely produce an acquittal if the case were retried.”
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.