Commonwealth v. Daye’s Empirical Analysis
1984
Citation profile
8 federal appellate · 8 district · 146 state decisions
How this case has been cited
Cited by 162 later decisions — most recently March 2019 · most notably Commonwealth v. Wright (1992), State v. Newsome (1996)
8 federal appellate · 8 district · 146 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 California v. Green · Romano v. United States · Padilla-Martinez v. United States · Ingraham v. Wright · Johnson 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 162 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(d) Statements which are not hearsay A statement is not hearsay if— (1) Prior statement by witness The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with his testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition.”
2 later decisions quote this exact passage · from the dissent“Prior identifications are admissible as probative evidence notwithstanding their hearsay attributes because of the superior probative worth of an identification made closer in time to the events in question. Commonwealth v. Weichell, 390 Mass. 62, 71 , 453 N.E.2d 1038 (1983); id. at 87 , 453 N.E.2d 1038 (Liacos, J., dissenting). Where, however, the extrajudicial identification is established not by the identifying witness but by a person who observed the identification, we believe that probative worth is outweighed by “the hazard of error or falsity in the reporting.” McCormick, The Turncoat Witness: Previous statements as substantive evidence, 25 Tex.L.Rev. 573, 588 (1947). Where there is a dispute not only as to the accuracy of a pretrial identification, but also as to whether the identification was in fact made, “the evidential value of the prior identification is almost completely dissipated.” Commonwealth v. Swenson, 368 Mass. 268 , 273 n. 3, 331 N.E.2d 893 (1975). Thus, a police officer’s attribution to a witness of a positive identification denied by the witness at trial is not admissible to prove the identification. Its effect is limited to impeachment. See Commonwealth v. Furtick, 386 Mass. 477 , 481 n. 2, 436 N.E.2d 396 (1982); Commonwealth v. Swenson, supra. See also Commonwealth v. Amado, 387 Mass 179, 186, 439 N.E.2d 257 (1982). Id., at 61, 469 N.E.2d at 488 (footnote omitted).”
1 later decision quote this exact passage · from the dissent““[W]e hold that a prior inconsistent statement is admissible as probative if made under oath before a grand jury, provided the witness can be effectively cross-examined as to the accuracy of the statement, the statement was not coerced and was more than a mere confirmation or denial of an allegation by the interrogator, and other evidence tending to prove the issue is presented.””
1 later decision quote this exact passage · from the dissent
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.