Commonwealth v. Hampe’s Empirical Analysis

1995

Citation profile

cited by 27 later decisions

states following

December 2017

most recently cited

27 state decisions

How this case has been cited

Cited by 27 later decisions — most recently December 2017 · most notably Chin v. Merriot (2015), Commonwealth v. Villalobos (2002)

27 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 Board of Education v. Assessor of Worcester · Commonwealth v. Catalina · Commonwealth v. O'CONNOR · Commonwealth v. Manning · In the Matter of a John Doe Grand Jury Investigation

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

“In determining the appropriate remedy for a violation of G.L. c. 263, § 5A, we consider the conduct of the police, the exigent circumstances of the particular case, and other admissible evidence of the defendant’s guilt. [Commonwealth v.] Rosewarne, [ ] 410 Mass. [53] at 57, 571 N.E.2d 354 [ (1991) ]. [Commonwealth v.] Kelley, [ ] 404 Mass. [459] at 464, 535 N.E.2d 1251 [ (1989) ]. Dismissal may be deemed appropriate where there is deliberate or intentional misconduct by the police. Commonwealth v. Manning, 373 Mass. 438, 443 , 367 N.E.2d 635 (1977). In cases arising under c. 263, § 5A, we must consider the purpose of the statute, namely, to give the defendant a reasonable opportunity to obtain his own evidence, available only for a short period of time, regarding his alleged intoxication. Commonwealth v. Marley, 396 Mass. 433, 443 , 486 N.E.2d 715 (1985) (Liacos, J., concurring). Commonwealth v. Andrade, 389 Mass. 874, 881 , 453 N.E.2d 415 (1983). Thus, the remedy must be “adequate to cure potential or actual prejudice resulting from a violation of G.L. c. 263, § 5A,” given the particular facts of the case. Andrade, supra at 878-879, 881-882 , 453 N.E.2d 415 .”
1 later decision quote this exact passage · from the concurrence
e.g. State v. Livesay
““A person held in custody at a police station or other place of detention, charged with operating a motor vehicle while under the influence of intoxicating liquor, shall have the right, at his request and at his expense, to be examined immediately by a physician selected by him ...” (emphasis supplied).”
1 later decision quote this exact passage · from the concurrence
e.g. Commonwealth v. Bailey

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.