Commonwealth v. Burke’s Empirical Analysis

Citation profile

3 federal appellate · 4 district · 79 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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Evidence that one accused of killing his wife has formed an attachment for another woman may form the basis of an inference that the accused entertained feelings of hostility toward his wife. Commonwealth v. Bonomi, 335 Mass. 327, 355 , 140 N.E.2d 140 . * * * "* * * "The trial judge, of course, must be accorded a broad area of discretion in passing upon the admissibility of evidence of this type. We think, however, that the evidence here, unconnected with later events of like nature, was too remote. In cases where such evidence has been held admissible it will appear that the relationship shown was less remote in time. See Commonwealth v. Howard, 205 Mass. 128 , 91 N.E. 397 (relationship continued to the time of wife's death); Commonwealth v. Mercier, 257 Mass. 353 , 153 N.E. 834 (relationship continued until three weeks before wife's death); Commonwealth v. Bonomi, 335 Mass. 327 , 140 N.E.2d 140 (relationship continued until day wife disappeared). See also Commonwealth v. Abbott, 130 Mass. 472 . We intend no suggestion that proof of hostility between the defendant and his wife in February and March would not have been competent. On the contrary, we think it would have been."”

   1 later decision quote this exact passage
   e.g. 223 So. 2d 68 - Coppolino v. State

2. “The right to the advice of counsel would be of little value if the price for its exercise is the risk of an inference of guilt.”

   1 later decision quote this exact passage
   e.g. 575 So. 2d 1165 - Arthur v. State