Commonwealth v. Leonard’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[The judge must initially determine] as a preliminary matter, that the prior bad act evidence pertains to the defendant’s knowledge, intent, motive, method, identity, or some other relevant issue at the trial, . . . [including whether] the prior event and the circumstances of the crime charged have similarities so as to be meaningfully distinctive, that is, that there exists a uniqueness or particularly distinguishing pattern of conduct common to the current and former incidents. . . . [Second, and in addition] the judge . . . also must consider whether the probative value of the evidence is outweighed by its prejudicial effect.””

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

2. “these preliminary determinations are committed to the sound discretion of the judge ... [whose] decision will be upheld on appeal absent palpable error”

   1 later decision quote this exact passage
   e.g. 95 Mass. App. Ct. 303 - Commonwealth v. Meola