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← 436 MASS 329 - Commonwealth v. Donlan

Commonwealth v. Donlan’s Empirical Analysis

2002

Citation profile

24
cited by 24 later decisions
1
states following
January 2019
most recently cited

24 state decisions

Relationships

Relies on Commonwealth v. Saferian · Commonwealth v. Helfant · Commonwealth v. Adams · 162 Ill. 2d 224 - People v. Brocksmith · Commonwealth v. Martino

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

  1. “[t]he test for deciding when an instruction on a lesser included offense should be given to the jury is whether the evidence at trial presents 'a rational basis for acquitting the defendant of the crime charged and convicting him of the lesser included offense.'”
    1 later decision quote this exact passage
  2. “Indecent assault and battery is a lesser included offense of rape of a child by force.... The difference between the two offenses is the element of penetration”
    1 later decision quote this exact passage
  3. “touched or came into contact with the victim's vagina, vulva, or labia.”
    1 later decision quote this exact passage

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.