Commonwealth v. Osborne’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is reasonable to assume that the Legislature intended to create a moment of pause and reflection on the part of a defendant that is concomitant with signing one’s name to a formal declaration relinquishing that right. Moreover, the relevant provision of G. L. c. 263, § 6, ensures that this fundamental right will not be extinguished without a permanent record of a defendant’s agreement, which in turn guards against the potential for falsified or accidental waiver.””

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Castro · Commonwealth v. Bennefield

2. “Any defendant in a criminal case other than a capital case, whether begun by indictment or upon complaint, may, if he shall so elect, ... before a jury has been impanelled to try him ..., waive his right to trial by jury by signing a written waiver thereof and filing the same with the clerk of the court.”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Cronin · Commonwealth v. Bennefield

3. “A case in which the defendant has the right to be tried by a jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and files the waiver with the clerk ....”

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