Commonwealth v. Kessler’s Empirical Analysis
2004
Citation profile
23
cited by 23 later decisions
1
states following
March 2019
most recently cited
23 state decisions
Relationships
Relies on Commonwealth v. Latimore · Commonwealth v. Adams · Commonwealth v. Sefranka · Commonwealth v. Fuller · Neverson v. Commonwealth
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Being “excited” or “nervous” may sometimes be unpleasant, but it does not connote the serious negative emotional experience required by the [open and gross] statute . . . Indeed, the presence of “alarm or shock” is what distinguishes the open and gross offense from the indecent exposure offense. (Citation omitted.) Open and gross lewdness is a felony punishable by up to three years in State prison, while indecent exposure is a misdemeanor carrying a sentence of up to six months in a jail or house of correction . . . (Citations and blurbs omitted.) In all these cases, the observer suffered significant negative emotions as a result of the exposure; thus his or her reaction could justifiably be deemed alarm or shock.”
1 later decision quote this exact passage“Here the defendant was arrested after a private citizen complained that he saw the defendant drive by slowly in his automobile on a public way with his penis exposed and masturbating. We believe that this conduct, if proved, would be included under the commonly understood meaning of 'open and gross lewdness and lascivious behavior' so as to give the defendant fair warning that his conduct is proscribed”
1 later decision quote this exact passage“in determining whether the observer suffered significant negative emotions as a result of the defendant's actions. Pereira , supra . One such indicium is”
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.