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← 404 MASS 28 - Averett

Averett’s Empirical Analysis

1989

Citation profile

36
cited by 36 later decisions
1
states following
October 2018
most recently cited

34 state decisions

How this case has been cited

Cited by 36 later decisions — most recently October 2018 · most notably Diatchenko v. District Attorney for the Suffolk District Commonwealth v. Roberio (2015), McLellan v. Commissioner of Correction (1990)

34 state decisions

1601989199020002010decided

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 Nelson v. Commissioner of Correction · Pina v. Superintendent, Massachusetts Correctional Institution · Hennessy v. SUPERINTENDENT, MASS. CORRECTIONAL INST. · Stokes v. Superintendent, Massachusetts Correctional Institution · McCastle

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

  1. “Whoever is imprisoned or restrained of his liberty pursuant to a criminal conviction may at any time as of right, file a written motion requesting the trial judge to release him or to correct the sentence which he is then serving upon the ground that his confinement or restraint was imposed in violation of the Constitution or laws of the United States or of the Commonwealth of Massachusetts.”
    1 later decision quote this exact passage
  2. ““The privilege and benefit of the writ of habeas corpus shall be enjoyed in this commonwealth in the most free, easy, cheap, expeditious and ample manner; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time not exceeding twelve months.””
    1 later decision quote this exact passage
    e.g. Crowley

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.