29 Mass. App. Ct. 635 - Commonwealth v. Freeman’s Empirical Analysis
1990
Citation profile
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
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.
“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 concurrencee.g. Jenkins v. Bergeron“[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 concurrencee.g. Jenkins v. Bergeron
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.