Forman v. United States
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Forman's reasoning about correcting trial errors and continuing conspiracies was not rejected. All 22 flagged citations have been read. The confirmed treatment is listed below.
22 later cases cite Forman v. United States; 22 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 Forman 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 Forman's suggestion that requesting a new trial permits retrial after reversal for insufficient evidence.
Burks v. United States · Supreme Court of the United States · filed
After the Bryan-Forman line of decisions at least one proposition emerged: A defendant who requests a new trial as one avenue of relief may be required to stand trial again, even when his conviction was reversed due to failure of proof at the first trial. ... 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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