Commonwealth v. Clemente’s Empirical Analysis
2008
Citation profile
65 state decisions
How this case has been cited
Cited by 66 later decisions — most recently January 2023 · most notably Commonwealth v. Zanetti (2009), Commonwealth v. Cohen (2010)
65 state decisions
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 Penn Central Transportation Co. v. New York City · Dwyer v. Globe Newspaper Co. · Commonwealth v. Saferian · Andreas v. United States · Commonwealth v. Flebotte
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When two meet, not intending to quarrel, and angry words suddenly arise, and a conflict springs up in which blows are given on both sides, without much regard to who is the assailant, it is a mutual combat. And if no unfair advantage is taken in the outset, and the occasion is not sought for the purpose of gratifying malice, and one seizes a weapon and strikes a deadly blow, it is regarded as homicide in heat of blood ....”
1 later decision quote this exact passage“Prior recorded testimony is ... roughly equivalent to the type of testimony a jury would have heard at trial were the witness available .... The party against whom the testimony is offered will have had a reasonable opportunity and similar motive to develop the testimony adequately, either by direct, cross-, or redirect examination”
1 later decision quote this exact passage“A defendant has no right to be part of the process in which a witness's claim of a Fifth Amendment privilege is considered. The hearing is held for reasons totally independent of the proceeding against the defendant, and the privilege is that of the witness.”
1 later decision quote this exact passagee.g. State v. Lowery
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.