United States v. Smith
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Later courts continue to apply its rule that an Eleventh Circuit panel must follow earlier panel holdings until the Supreme Court or the court sitting en banc overrules them. They also cite its holding that a trial court may exclude expert testimony on eyewitness identification. A judge criticized that holding in a separate opinion, but the deciding court did not adopt the criticism. The Tenth Circuit later described Smith as a per se exclusion rule while rejecting such a rule for its own courts; Smith expressly left the per se question undecided.
59 citations to United States v. Smith 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 United States v. Smith?
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.
No reviewed court has overruled or limited this case.
Every one of the 59 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
Does this case still carry your argument?
Describe your facts. Ezel reads United States v. Smith and the cases that treated it, then tells you whether it still holds for your situation, with citations.
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