United States v. Albertini’s Empirical Analysis

Citation profile

17 federal appellate · 2 district · 4 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Ex Post Facto Clause is a limitation upon the powers of the Legislature and does not of its own force apply to the Judicial Branch of government. But the principle on which the Clause is based— the notion that persons have a right to fair warning of that conduct which will give rise to criminal penalties — is fundamental to our concept of constitutional liberty. As such, that right is protected against judicial action by the Due Process Clause of the Fifth Amendment.”

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

2. “If the due process clause is to mean anything, it should mean that a person who holds the latest controlling court opinion declaring his activities constitutionally protected should be able to depend on that ruling to protect like activi ties from criminal conviction until that opinion is reversed, or at least until the Supreme Court has granted certiorari.”

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

3. “reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in ... a judicial decision, opinion or judgment.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Ostrosky v. Alaska