Commonwealth v. Lampron’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'establish good cause, satisfied by showing "(1) that the documents are evidentiary and relevant; (2) that they are not otherwise procurable reasonably in advance of trial by exercise of due diligence; (3) that the party cannot properly prepare for trial without such production and inspection in advance of trial and that the failure to obtain such inspection may tend unreasonably to delay the trial; and (4) that the application is made in good faith and is not intended as a general 'fishing expedition.' " '”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Henao · 95 Mass. App. Ct. 520 - Commonwealth v. Michalski

2. “We note, however, that a subpoena for documents in the possession of a nonparty may be issued by a prosecutor over his or her own signature. See G.L.c. 277, §68. In light of that fact, we are disinclined to give a hypertechnical reading to the requirement that an affidavit submitted by defense counsel in support of a defendant’s motion for a summons for documentary evidence be made on personal knowledge, and conclude that the affidavit may contain hearsay.”

   1 later decision quote this exact passage
   e.g. 25 Mass. L. Rptr. 233 - Commonwealth v. Bright

3. “[r]egardless of how a defendant styles his request, pursuit of documents and records in the possession of a nonparty must be considered and analyzed under rule 17 [a] [2]”

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