United States v. Nolan’s Empirical Analysis
818 F.2d 1015 · 1987
Citation profile
29 federal appellate · 2 district · 6 state decisions
How this case has been cited
Cited by 45 later decisions — most recently May 2013 · most notably United States v. Vig (1999), United States v. Knox (1994)
29 federal appellate · 2 district · 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 18 U.S.C. § 2252 · 18 U.S.C. § 2255
Relies on Vandygriff v. Phillips · Commissioner v. Engle · Rogers v. United States · United Steelworkers of America v. Weber · United States v. Drougas
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether the focal point of the visual depiction is on the child’s genitals or pubic area; (2) whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity; (3) whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child; (4) whether the child is fully or partially clothed, or nude; (5) whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; (6) whether the visual depiction is intended or designed to elicit a sexual response in the viewer.”
2 later decisions quote this exact passagee.g. Rhoden v. Morgan · People v. Kongs“(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) bestiality; (C) masturbation; (D) sadistic or masochistic; abuse; or (E) lascivious exhibition of the genitals or pubic area of any person____”
2 later decisions quote this exact passage“The burden of proof remains on the government to prove the pornographic image is of a real child. There is nothing inconsistent between the government’s having that burden and Nolan’s statement that the defendant, while under no obligation to do so, was free to have presented evidence of his own suggesting that the picture used other than real subjects. He could have called an expert to testify as to how photographs like this one could have been made without using real children. If defendant had chosen to mount a defense of this type and presented such expert testimony, and had the government not called an expert to explain why the image was real, the government ran the risk of not persuading the trier of fact. This does not shift the burden of proof.”
1 later decision quote this exact passagee.g. State v. Clark
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.