Martin v. Commonwealth’s Empirical Analysis

Citation profile

107 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 108 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “upon a determination that manifest injustice has resulted from the error.”

   11 later decisions quote this exact passage · from the majority
   e.g. Shannon Geary v. Commonwealth of Kentucky · Hall v. Commonwealth

2. “[T]he required showing [for relief from a palpable error] is probability of a different result or error so fundamental as to threaten a defendant's entitlement to due process of law.”

   6 later decisions quote this exact passage · from the majority
   e.g. Depp v. Commonwealth · Huddleston v. Commonwealth

3. “[w]hen an appellate court engages in a palpable error review, its focus is on what happened and whether the defect is so manifest, fundamental and unambiguous that it threatens the integrity of the judicial process. However, on collateral attack, when claims of ineffective assistance of counsel are before the court, the inquiry is broader. In that circumstance, the inquiry is not only upon what happened, but why it happened, and whether it was a result of trial strategy, the negligence or indifference of counsel, or any other factor that would shed light upon the severity of the defect and why there was no objection at trial. Thus, a palpable error claim imposes a more stringent standard and a narrower focus than does an ineffective assistance claim. Therefore, as a matter of law, a failure to prevail on a palpable error claim does not obviate a proper ineffective assistance claim.”

   5 later decisions quote this exact passage · from the majority
   e.g. Harp v. Commonwealth · Huddleston v. Commonwealth