Commonwealth v. Nesbitt’s Empirical Analysis
2008
Citation profile
2 federal appellate · 45 state decisions
How this case has been cited
Cited by 47 later decisions — most recently December 2025 · most notably Commonwealth v. Linton (2010), Commonwealth v. Mattei (2010)
2 federal appellate · 45 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Crawford v. Washington · Pointer v. Texas · Davis v. Washington · Mattox v. United States · Mattox v. United States
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“like any person in [her] position, would have been consumed by the immediacy of the situation ..., [therefore it] 'is almost inconceivable that, moments after [the assault] ... [she] could have spoken in contemplation of a future legal proceeding.' " Commonwealth v. Nesbitt , 452 Mass. 236 , 249, 892 N.E.2d 299 (2008), quoting Tang , supra at 60-61, 845 N.E.2d 407 . On cross-examination, Barnes again confirmed that he "wanted to make sure [the defendant] wasn't in the area.”
1 later decision quote this exact passage“like any person in [her] position, would have been consumed by the immediacy of the situation ..., [therefore it] 'is almost inconceivable that, moments after [the assault] ... [she] could have spoken in contemplation of a future legal proceeding.'”
1 later decision quote this exact passage“could suggest to the jury that a 'link would be more firmly established if only more [sample] were available for testing.'”
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.