United States v. Burkholder’s Empirical Analysis
816 F.3d 607 · 2016
Citation profile
6 federal appellate · 3 state decisions
Relationships
Applies 18 U.S.C. § 1028A · 18 U.S.C. § 2259 (§ 40113 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 242 · 18 U.S.C. § 245 · 18 U.S.C. § 247 · 18 U.S.C. § 38 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 21 U.S.C. § 333 (Federal Food, Drug, and Cosmetic Act)
Relies on Jackson v. Virginia · Apprendi v. New Jersey · Burks v. United States · Robinson v. Shell Oil Co. · Touche Ross & Co. v. Redington
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In our adversary system, in both civil and criminal cases, in the first instance and on appeal, we follow the principle of party presentation. That is, we rely on the parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present. To the extent courts have approved departures from the party presentation principle in criminal cases, the justification has usually been to protect a pro se litigant’s rights.”
1 later decision quote this exact passage · from the concurrencee.g. United States v. Tee“legal cause” means that the cause must be “legally sufficient to result in liability; an act or omission that is considered in law to result in a consequence, so that liability can be imposed on the actor.” Proximate Cause, Black’s Law Dictionary, supra. As we recited in Burkholder,”
1 later decision quote this exact passage · from the majority“[w]hen a crime requires 'not merely conduct but also a specified result of conduct,' a defendant generally may not be convicted unless his conduct is 'both (1) the actual cause, and (2) the "legal”
1 later decision quote this exact passage · from the dissent
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.