United States v. Common’s Empirical Analysis
818 F.3d 323 · 2016
Citation profile
2 federal appellate ·
Relationships
Applies 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924
Relies on Almendarez-Torres v. United States · Darden v. Wainwright · United States v. Paladino · United States v. Vargas · United States v. Marshall
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1) the nature and seriousness of the misconduct; 2) the extent to which the comments were invited by the defense; 3) the extent to which the prejudice was ameliorated by the court’s instruction to the jury; 4) the defense’s opportunity to counter any prejudice; and 5) the weight of the evidence supporting the conviction;*”
1 later decision quote this exact passage · from the majority“As a general matter, improper comments during closing argument rarely rise to the level of reversible error, and considerable discretion is entrusted to the district court to supervise the arguments of counsel.”
1 later decision quote this exact passage · from the majority“evaluate them in the context of the entire record and determine whether defendant was deprived of a fair trial.”
1 later decision quote this exact passage · from the majority
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.