Commonwealth v. Cory’s Empirical Analysis
2009
Citation profile
58
cited by 58 later decisions
7
states following
August 2019
most recently cited
6 federal appellate · 2 district · 48 state decisions
Relationships
Relies on Bell v. Wolfish · Weaver v. Graham · Kennedy v. Mendoza-Martinez · Flemming v. Nestor · Kansas v. Hendricks
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is no context other than punishment in which the State physically attaches an item to a person, without consent and also without consideration of individual circumstances, that must remain attached for a period of years and may not be tampered with or removed on penalty of imprisonment. Such an imposition is a serious, affirmative restraint.”
3 later decisions quote this exact passage · from the concurrence“The intended function of the GPS device, continuous reporting of the offender's location to the probation department, also represents an affirmative burden on liberty. While GPS monitoring does not rise to the same level of intrusive regulation that having a personal guard constantly and physically present would impose, it is certainly far greater than that associated with traditional monitoring. And the impact of such intrusion is of course heightened by the physical attachment of the GPS bracelet, which serves as a continual reminder of the State's oversight. [ Id. at 196-97 (footnote omitted).]”
2 later decisions quote this exact passage · from the concurrence“[a]ny person who is placed on probation for any offense listed within the definition of `sex offense,' a `sex offense involving a child' or a `sexually violent offense' . . . shall, as a requirement of any term of probation, wear a global positioning system device.”
2 later decisions 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.