Cola v. Reardon’s Empirical Analysis
787 F.2d 681 · 1986
Citation profile
18 federal appellate · 3 district · 20 state decisions
How this case has been cited
Cited by 48 later decisions — most recently August 2020 · most notably United States v. Angiulo (1990), United States v. Hathaway (1986)
18 federal appellate · 3 district · 20 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. § 1623 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Jackson v. Virginia · Wainwright v. Sykes · Berger v. United States · Ohio Bureau of Employment Services v. Hodory · Smith v. Phillips
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hile there was no variance between the indictment and proof at trial, there was a discrepancy between the basis on which the jury rendered its verdict and that on which the Court of Appeals sustained petitioner’s conviction. Whereas the jury was instructed to rest its decision on Dunn’s September statements, the Tenth Circuit predicated its affirmance on petitioner’s October statement. * * * * * * To uphold a conviction on a charge that was [not] ... presented to the jury at trial offends the most basic notions of due process. New constitutional principles are more firmly established than a defendant’s right to be heard on the specific charges of which he is accused____ The jury might well have reached the same verdict had the prosecution built its case on petitioner’s October 21 testimony adopting his September 30 statement rather than on the September statement itself. But the offense was not so defined and appellate courts are not free to revise the basis on which a defendant is convicted simply because the same result would likely obtain on retrial.”
2 later decisions quote this exact passage · from the majority“appellate theory can be adduced from the facts. But it was not the government's focus, or as Dunn requires,”
2 later decisions quote this exact passage · from the majority“Cola's argument, then, is not necessarily that his behavior at the bankruptcy proceeding was not a crime. Neither does he dispute the fact that evidence on the matter was before the jury. Rather, Cola claims that such evidence was incidental vis a vis the prosecutor's case or theory of guilt as presented to the jury. This theory of guilt, argues Cola, was the loan transactions found by the state appellate tribunal to be no crime. Accordingly, citing the Massachusetts Appeals Court, Cola asserts that the acts or theory of guilt upon which he was tried did not constitute a crime. Further, citing Dunn v. United States ..., Cola asserts that the state appeals court, in upholding his conviction on a theory of guilt not presented at trial [his behavior at the bankruptcy proceeding], violated his due process right to have such guilt determined on a basis set forth in the indictment and presented to the jury.”
1 later decision quote this exact passage · from the majoritye.g. Fenske v. State
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.