Commonwealth v. Sama’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 58 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When deliberating as to whether the Commonwealth has proved the knowledge aspect of malice aforethought under the third prong, a jury should consider: (1) the nature and extent of the defendant’s knowledge of the circumstances at the time he acted; (2) whether, in the circumstances known by the defendant, a reasonably prudent person would have recognized that the defendant’s conduct would create a plain and strong likelihood of death or injury. In order to establish the third prong of malice in this case, the Commonwealth had the burden of demonstrating that the defendant knew that he was stabbing the victim with a knife and that a reasonably prudent person, although not necessarily the defendant, would recognize that such conduct carried with it the risk of death or serious bodily injury. . . . The defendant presented credible evidence of debilitating intoxication bearing on his ability to possess meaningful knowledge of the circumstances at the time of the victim’s death. . . . The jury should have been allowed to consider this testimony when deciding whether the Commonwealth proved the defendant’s guilty knowledge beyond a reasonable doubt. Without more, we hold that evidence of a defendant’s voluntary intoxication is a factor for the jury to consider whenever the Commonwealth bears the burden of establishing the knowledge of the defendant beyond a reasonable doubt.” (Footnote omitted.)”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Delaney

2. “Malice aforethought may be shown by proof that the defendant, without justification or excuse, intended to kill the victim or to do the victim grievous bodily harm.... However, proof of such an intent is not required because malice aforethought may be inferred if, in the circumstances known to the defendant, a reasonably prudent person would have known that according to common experience there was a plain and strong likelihood that death would follow the contemplated act.”

   1 later decision quote this exact passage
   e.g. Avellar v. Dubois

3. “the defendant's ability to possess the requisite knowledge of the circumstances in which he acted.”

   1 later decision quote this exact passage
   e.g. 93 Mass. App. Ct. 1101 - Commonwealth v. Ward