United States v. Schimmel’s Empirical Analysis
943 F.2d 802 · 1991
Citation profile
16 federal appellate ·
How this case has been cited
Cited by 19 later decisions — most recently December 2013
16 federal appellate ·
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 United States v. Young · Henderson v. Kibbe · Ohio v. Kentucky · United States v. Mealy · United States v. Douglas
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.
“A plain error is not just one that is conspicuous but one whose correction is necessary to prevent a “miscarriage of justice,” United States v. Young, 470 U.S. 1 , 15 and n. 12, 105 S.Ct. 1038 , 1046 and n. 12, 84 L.Ed.2d 1 (1985), and therefore “it is the rare case in which an improper instruction will justify reversal of a criminal conviction when no objection has been made in the trial court,” Henderson v. Kibbe, 431 U.S. 145 , 154, 97 S.Ct. 1730 , 1736, 52 L.Ed.2d 203 (1977).... [T]here is no miscarriage of justice if the defendant’s guilt is so clear that he would certainly have been convicted even if the error had never been committed; hence “plain error must be of such a great magnitude that it probably changed the outcome of the trial.” United States v. Douglas, 818 F.2d 1317 , 1320 (7th Cir.1987). United States v. Kerley, 838 F.2d 932 , 937 (7th Cir.1988) (citations omitted).”
2 later decisions 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.