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← 29 Mass. App. Ct. 635 - Commonwealth v. Freeman

29 Mass. App. Ct. 635 - Commonwealth v. Freeman’s Empirical Analysis

1990

Citation profile

32
cited by 32 later decisions
4
states following
September 2017
most recently cited

3 federal appellate · 29 state decisions

How this case has been cited

Cited by 32 later decisions — most recently September 2017 · most notably Commonwealth v. Degro (2000), State v. Thomas (1996)

3 federal appellate · 29 state decisions

130199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Chapman v. State of California · Schneckloth v. Bustamonte · Boykin v. Alabama · Wainwright v. Sykes · Brady v. United States

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

  1. “Here, the decision not to testify was made by the defendant in consultation with his counsel. The Commonwealth was not a party to the defendant’s decision-making process. The defendant, not the Commonwealth, has control over the relevant facts. He is, thus, better situated to prove his claim than is the Commonwealth to disprove it.” 564 N.E.2d at 15 . The court distinguished a waiver of the right to testify case from”
    1 later decision quote this exact passage · from the concurrence
  2. “[h]ere, the defendant, who is asserting 'facts which were neither agreed upon nor apparent on the face of the [trial] record,' must prove those facts.” Id. (second alteration in original) (quoting Commonwealth v. Bertrand, 385 Mass. 356 , 432 N.E.2d 78 , 83 (1982)). 2 . The argument, in fact, was raised. In his new trial motion, Jenkins stated that”
    1 later decision quote this exact passage · from the concurrence

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.