Terry v. Commonwealth’s Empirical Analysis

Citation profile

19 state decisions

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.

1. “Appellant contends that since the secondary victim, the widow, was present and declined to testify, neither the daughter nor the sister should have been permitted to testify in her place. We disagree. Paragraph (J)(b) of the statute states, “if paragraph (a) of this subsection does not apply;” it does not state, “if there is no spouse.” When the widow declined to testify, paragraph (a) did not apply and the adult daughter became the secondary victim who was entitled to present victim impact evidence. If she had declined to testify, the sister would have become the secondary victim.”

   1 later decision quote this exact passage · from the majority
   e.g. Hunt v. Commonwealth

2. “... If the victim is deceased and the relation is not the defendant, the following relations shall be designated as “victim” for the purpose of exercising those rights contained in KRS 421.500 to 421.575: (a) The spouse; (b) An adult child if paragraph (a) of this subsection does not apply; (c) A parent if paragraphs (a) and (b) of this subsection do not apply; (d) A sibling if paragraphs (a) through (c) of this subsection do not apply; and (e) A grandparent if paragraphs (a) through (d) of this subsection do not apply.”

   1 later decision quote this exact passage · from the majority
   e.g. Hunt v. Commonwealth

3. “The [United States Supreme] Court specifically identified Taylor II as an example of the type of error attributable to Roberts .”

   1 later decision quote this exact passage · from the majority
   e.g. Taylor v. Commonwealth