Bryan v. United States
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Richardson v. United States later said, “We overruled prior decisions such as Bryan v. United States, 338 U. S. 552 (1950),” confirming the overruling. The confirmed treatment is listed below. All 13 flagged citations have been read.
13 later cases cite Bryan v. United States; 13 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Bryan v. United States?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled
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The Supreme Court overruled Bryan's rule allowing a second trial after an appellate court finds the evidence insufficient to convict.
Burks v. United States · Supreme Court of the United States · filed
A close reexamination of those precedents, however, persuades us that they have not properly construed the Clause, and accordingly should no longer be followed. Reconsideration must begin with Bryan v. United States. ... To the extent that our prior decisions suggest that by moving for a new trial, a defendant waives his right to a judgment of acquittal on the basis of evidentiary insufficiency, those cases are overruled.
Read the full opinion on CourtListener →
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