Commonwealth v. De La Zerda’s Empirical Analysis
1993
Citation profile
3 federal appellate · 4 district · 14 state decisions
How this case has been cited
Cited by 21 later decisions — most recently March 2019
3 federal appellate · 4 district · 14 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 Boykin v. Alabama · Teague v. Lane · Griffin v. People of the State of Illinois · Dove v. United States · Durham 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The question, then, is whether this appeal should be treated as if it were a direct appeal . . . or as a collateral appeal .... A motion for a new trial under Mass. R. Crim. R 30[, 378 Mass. 900 (1979),] has been treated as collateral for the purposes of determining the retroactive application of a new rule of criminal law under the test in Teague v. Lane, 489 U.S. 288 (1989). See Commonwealth v. Bray, 407 Mass. 296, 298, 301-303 (1990). A rule 30 motion is intended to ‘be truly post-conviction, that is, it is not open to the defendant until the validity of the finding or verdict of his guilt is conclusively established by an appellate court if an appeal is taken.’ Commonwealth v. Powers, 21 Mass. App. Ct. 570, 572 (1986), quoting Reporters’ Notes to Mass. R. Crim. R 30 (b), Mass. Ann. Laws, Rules of Criminal Procedure at 484 (Law. Co-op. 1979).[ 6 ] However, a rule 30 motion challenging a guilty plea . . . for lack of voluntariness . . . might be seen as a direct appeal, in that such a motion provides the only avenue for appellate review of the validity of the guilty plea. See Commonwealth v. Fernandes, 390 Mass. 714, 715 (1984). We need not decide whether, in all instances, a motion for a new trial challenging a guilty plea seeks direct or collateral review, or some hybrid of the two.” (Emphasis supplied.)”
1 later decision quote this exact passage“[w]hen a defendant dies while his conviction is on direct review, it is our practice to vacate the judgment and remand the case with a direction to dismiss the complaint or indictment, thus abating the entire prosecution.”
1 later decision quote this exact passage“might be seen as a direct appeal, in that such a motion provides the only avenue for appellate review of the validity of the guilty plea.”
1 later decision quote this exact passagee.g. Hall v. State
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.