Commonwealth v. Kennedy’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the court is satisfied that probable cause exists to believe that the person named in the petition is a sexually dangerous person, the prisoner or youth shall be committed to the treatment center for a period not exceeding 60 days for the purpose of examination and diagnosis under the supervision of two qualified examiners who shall, no later than 15 days prior to the expiration of said period, file with the court a written report of the examination and diagnosis and their recommendation of the disposition of the person named in the petition.””

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

2. ““From the court’s determination of probable cause, the examiners have forty-five days to file their reports. See G. L. c. 123A, § 13 (a). The district attorney’s office has fourteen days from the filing of those reports in which it may petition for trial, and trial will be set within sixty days of the petition. See G. L. c. 123A, § 14 (a). Barring extensions for good cause shown or in the interests of justice, see id., the total time from the determination of probable cause to trial will be approximately four months.””

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

3. “The word 'shall' in this context, where substantive rights are involved, indicates that the action is mandatory. This imperative is at its strongest in such cases”

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