United States v. Leibowitz’s Empirical Analysis
919 F.2d 482 · 1990
Citation profile
29 federal appellate · 4 state decisions
How this case has been cited
Cited by 40 later decisions — most recently March 2019 · most notably United States v. Taglia (1991), United States v. Badger (1993)
29 federal appellate · 4 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 Larrison v. United States · United States v. Olson · United States v. Leibowitz · Martin 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Surprise is relevant, surely. If the defendant had every opportunity to meet the allegedly false testimony at trial, his failure to unmask its falsity at that time is some evidence that the testimony was true. But why the defendant should be required to demonstrate surprise in every case of recantation baffles us. In a case such as this in which the principal (though not the only) evidence of guilt is the testimony of an accomplice or eyewitness, the only resource of the defendant in unmasking the falsity, even with all the advance warning in the world, may be cross-examination, which-much mythology to the contrary notwithstanding-is not an infallible lie detector.”
3 later decisions quote this exact passage · from the majoritye.g. Reed v. State · Ferguson v. State
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.