Commonwealth v. McLaughlin’s Empirical Analysis
1973
Citation profile
10 federal appellate · 12 district · 141 state decisions
How this case has been cited
Cited by 164 later decisions — most recently November 2018 · most notably State v. John (1989), Commonwealth v. Harrington (1980)
10 federal appellate · 12 district · 141 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 Miranda v. State of Arizona Vignera · Bruton v. United States · Mapp v. Ohio · Furman v. Georgia · Dutton v. Evans
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 164 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The exception to the hearsay rule which admits hearsay consisting of spontaneous exclamations 'is based on the experience that, under certain external circumstances of physical shock, a stress of nervous excitement may be produced which stills the reflective faculties and removes their control, so that the utterance which then occurs is a spontaneous and sincere response to the actual sensations and perceptions already produced by the external shock. Since this utterance is made under the immediate and uncontrolled domination of the senses, and during the brief period when considerations of self-interest could not have been brought fully to bear by reasoned reflection, the utterance may be taken as particularly trustworthy (or, at least, as lacking the usual grounds of untrustworthiness), and thus as expressing the real tenor of the speaker's belief as to the facts just observed by him; and may therefore be received as testimony to those facts.' Wigmore on Evidence (3d ed.) § 1747."”
1 later decision quote this exact passage“If the defendant had been tried alone, the same testimony would have been admissible against him under [a] hearsay rule exception.... In such a case the admissibility of the testimony would not depend on the availability of [the codefendant] for cross-examination by the defendant. Therefore the fact that the defendant did not have an opportunity to cross-examine [the codefendant] did not constitute a violation of his right under the Confrontation Clause.... For the same reason, there was no violation of the rule of the Bruton case.”
1 later decision quote this exact passage“In deciding the applicability of the Bruton rule to the present case, it is important to note that the rule does not purport to hold that a defendant’s right of cross-examination secured by the Confrontation Clause of the Sixth Amendment is violated whenever hearsay evidence is admitted against him and he is not able to cross-examine the person to whom the hearsay statement is attributed.”
1 later decision quote this exact passage
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.