Commonwealth v. Healy’s Empirical Analysis

Citation profile

7 federal appellate · 6 district · 27 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]here is a wide range of sexual activity, up to and including many forms of sexual assault, that leaves neither sperm nor signs of injury to sexual organs. The Commonwealth presented no evidence, and did not make any suggestion to the jury, concerning precisely what forms of sexual activity may have taken place, or at what point in that sexual activity the encounter had turned violent, and no such precision with respect to the nature of the posited sexual encounter was even remotely necessary to the Commonwealth’s case. Thus, that Dr. Wakefield’s examination had arguably eliminated a few specific types of sexual activity did not, in any sense, undermine the evidence suggesting that the stabbing had occurred during the course of some form of sexual encounter. We agree with the motion judge’s conclusion that the postmortem report and note “would not have provided any more material information or raised any more doubts about the sexual nature of the crime.” Moreover, the theory that the murder had occurred during a sexual encounter was of significance to the case in only a narrow, limited sense. The Commonwealth did not even reference this theory in closing argument, except to counter one point raised during defense counsel’s closing argument.... [T]he Commonwealth’s theory did not rely on evidence of any specific form of sexual activity, nor did the Commonwealth suggest any motive for the stabbing of the victim. The only way in which the sexual nature of the encounter had any”

   1 later decision quote this exact passage
   e.g. 397 F. Supp. 2d 269 - Healy v. Spencer

2. “The reports from Dr. Wakefield ... consist of the following. Dr. Wakefield authored a four-page report dictated shortly after the August 8, 1980, autopsy and bearing the heading “Holyoke Hospital Pathology Department Post-Mor-tem Examination” (postmortem report). In the first paragraph of the postmortem report, Dr. Wakefield indicated that the victim’s genitalia were “examined closely” and that “no evidence of marks of recent origin” were identified. The rectum was “similarly viewed revealing no abnormal findings on the external surface.” The postmortem report went on to note that “[s]mears [were] made by use of a swab from both the mouth as well as rectum to be examined under the microscope.” The next document at issue was a handwritten note (note) of Dr. Wakefield dated August 10, 1980, two days after the autopsy, reflecting the results of the microscopic examination of the oral and rectal smears: ' “Smears made from mouth and rectum fail to reveal spermatozoa present.” The final document was a two-page report dated November 28, 1980, entitled “Autopsy Report,” that included a subheading of “Final Diagnosis” (final diagnosis). The final diagnosis included the cause of death and gross anatomical description, but did not make any reference to examination of the victim’s rectum and genitalia, the taking of any swabs or smears, or the results óf any examination of swabs or smears. In support of the amended motion for a new trial, an affidavit of trial counsel was submitted alle”

   1 later decision quote this exact passage
   e.g. 397 F. Supp. 2d 269 - Healy v. Spencer

3. “In support of the amended motion for a new trial, an affidavit of trial counsel was submitted alleging that in preparation for trial he had received and reviewed the final diagnosis, but that he had not seen the postmortem report or the note and was not aware of the taking of any swabs. Following an evidentiary hearing on the issue of what items had been provided in discovery, the motion judge found that the hospital had forwarded both the postmortem report and the final diagnosis to the district attorney’s office. However, the district attorney’s office gave [Petitioner’s] trial counsel only the final diagnosis, not the postmortem report. The judge concluded that this failure on the part of the prosecutor was the product of inadvertence, not wilful misconduct. With respect to the note, the motion judge was unable to determine whether the hospital or Dr. Wakefield had ever turned the note over to the district attorney’s office, and hence did not find any form of pros-ecutorial misconduct with respect to the note. Notwithstanding the prosecutor’s failure to provide defense counsel with the postmortem report, the motion judge held that [Petitioner] did not meet his burden of showing that the postmortem report was exculpatory or material. He therefore denied the motion for a new trial.”

   1 later decision quote this exact passage
   e.g. 397 F. Supp. 2d 269 - Healy v. Spencer