United States v. Byrd’s Empirical Analysis

Citation profile

47 federal appellate · 1 district · 1 state decisions

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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) it fits within an exception recognized by Rule 404(b) ..., (2) its probative value outweighs its prejudicial effects, and (3) the misconduct is proved by clear and convincing evidence.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Leight · Whittlesey v. State

2. “[S]uppose that a bank teller testifies that the defendant, in committing a robbery, pointed to a bulge in his coat pocket and said, “I’ve killed three people with this, and I’ll kill you, too.” The testimony is probative of the fact that the robber was armed. But its probative value does not depend on the truth of the robber’s statement that he has killed three people. The testimony is not offered to prove that the robber killed three people in the past, in order to prove from that uncharged misconduct some fact material to the crime for which he is now on trial. Consequently, no purpose is served by barring the admission of the testimony unless the three previous killings are proved by clear and convincing evidence. It does not matter whether the killings took place or not.”

   1 later decision quote this exact passage · from the majority
   e.g. Whittlesey v. State

3. “we shall 'reverse the decision of the trial court only for abuse of discretion.' United States v. Byrd, 771 F.2d 215 , 219 (7th Cir.1985).”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Mazzanti