Commonwealth v. Day’s Empirical Analysis
1991
Citation profile
2 federal appellate · 48 state decisions
How this case has been cited
Cited by 51 later decisions — most recently August 2018 · most notably Custody of Eleanor (1993), Commonwealth v. Woodward (1998)
2 federal appellate · 48 state decisions — followed in 10 states
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 Dade County v. Lake Lucerne Civic Ass'n · United States v. Simpson · Green v. Richmond · United States v. Gillespie · State v. Loebach
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“evidence is not evidence of bad character and is therefore not excluded by ER 404(a)); Commonwealth v. Labbe, 6 Mass.App. 73 , 373 N.E.2d 227, 231 (1978) (testimony admissible to show a particular injury or group of injuries is not accidental or is not consistent with the explanation offered therefor but is instead the result of physical abuse by a person of mature strength), cited with approval by Commonwealth v. Day, 409 Mass. 719 , 569 N.E.2d 397, 400 (1991); People v. Barnard, 93 Mich.App. 590 , 286 N.W.2d 870, 871 (1979) (”
1 later decision quote this exact passagee.g. State v. Norlin“A criminal trial is by its very nature an individualized adjudication of a defendant’s guilt or legal innocence. Testimony regarding a criminal profile is nothing more than an expert’s opinion as to certain characteristics which are common to some or most of the individuals who commit particular crimes. Evidence of a “child battering profile” does not meet the relevancy test, because the mere fact that a defen dant fits the profile does not tend to prove that a particular defendant physically abused the victim.”
1 later decision quote this exact passagee.g. Ryan v. State“`risk factors' in child abuse cases such as a `repeated pattern' of partners of single mothers who sometimes `offend against [the] children' while the mothers are at work,”
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.