Commonwealth v. Avellar’s Empirical Analysis

Citation profile

2 district · 9 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Finally, the following questions addressed to Courtney, and her answers, are important: Q.: “Now, at any time during ... that night or early that morning, October 5, October 6, did you strike your baby, Shawn.” A.: “No.” Q.: “Did you hit the baby at all.” A.: “No.” Q.: “During the time that you were with the baby the previous day or that morning did you see the baby fall in any way?” A.: “No.” Based on the evidence recited above, the jury could have believed that the injuries leading to Shawn’s death were inflicted within a period of twelve hours before 7:23 A.M. on October 6, 1989, a period during which only Fontaine, Payne, Courtney, and the defendant had access to Shawn. They also could have believed Fontaine, Payne, and Courtney’s testimony that they did not hit or “do anything” to Shawn. From those facts based on direct evidence, the jury would have been warranted in inferring beyond a reasonable doubt that the fatal injuries were inflicted by the defendant when he was alone with Shawn, that is, between 10 P.M. on October 5, and 12:30 A.M. on October 6 or thereafter when he, Courtney and Shawn were together. ...”

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

2. “Laura Courtney [“Courtney”] became involved in an affair with defendant in July, 1988. Both were married but separated from their spouses. After Courtney became pregnant, the defendant told her he wanted her to abort the baby, explaining, among other things, that his divorce was not yet final and he was already paying support for his son. Courtney did not have an abortion, and for the remainder of her pregnancy saw little of the defendant. The baby, Shawn, was born April 11, 1989. Several weeks later, following Courtney’s request, the defendant went to Courtney’s house to see Shawn. A few weeks later the defendant again visited Shawn and then visited him “a couple times a month” during the next several months. The defendant babysat for Shawn three or four times. After one such occasion, Shawn had “a little mark on the side of his eye.””

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