Commonwealth v. Ferrell’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected; and [[Image here]] (2)Offer of Proof. In case the ruling is one excluding evidence, upon request of the examining attorney, the witness may make a specific offer of his answer to the question. (b) Record of offer and ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.”

   1 later decision quote this exact passage
   e.g. Hart v. Commonwealth

2. “(i) offer counsel a fair opportunity to address admissibility issues and take corrective measures when feasible; (ii) provide the trial judge with sufficient information to assure correct rulings on the admission or exclusion of evidence; and (in) provide a record, sufficient for an appellate court to review decisions concerning the admissibility of evidence. These objectives are served, generally speaking, by requiring that a proper “offer of proof’ be made when attempting to introduce evidence....”

   1 later decision quote this exact passage
   e.g. Hart v. Commonwealth

3. “a party must offer an avowal by the witness in order to preserve for appellate review an issue concerning the exclusion of evidence.”

   1 later decision quote this exact passage
   e.g. Bowman Ex Rel. Bowman v. Perkins