United States v. Fleming’s Empirical Analysis
849 F.2d 568 · 1988
Citation profile
7 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 19 later decisions — most recently February 2016
7 federal appellate · 3 district · 3 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
Relies on Furman v. Georgia · Hill v. United States · McGautha v. California · United States v. Marshall · Lilly v. United States
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[the defendant,] Marshall,] was not compelled to testify against himself, nor was he punished for not testifying on his own behalf. Marshall, like any defendant who chooses not to testify, took the chance that the uncontradicted [government testimony would be deemed credible. If we were to adopt Marshall’s argument, the privilege against self-incrimination would be a way to completely rebut the Government’s evidence without the defendant presenting any evidence of his own. The privilege against self-incrimination has never been so construed.”
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.