Commonwealth v. Felder’s Empirical Analysis

Citation profile

2 district · 19 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Remarks made during closing arguments are considered in the context of the whole argument, the evidence admitted at trial, and the judge's instructions to the jury.”

   3 later decisions quote this exact passage
   e.g. 92 Mass. App. Ct. 1118 - Commonwealth v. Johnson · Commonwealth v. Babcock

2. “At gunpoint, the defendants ordered the victims to lie on the floor. The defendants discussed whether to shoot the victims one at a time or simultaneously, deciding on simultaneous shootings. As the defendants started a ‘countdown,’ Lewis and White cried and begged for their lives, and Young prayed. Lester aimed his gun at Young; Washington aimed his gun at Lewis; and the defendant aimed his gun at White. On the count of ‘two,’ Young turned his head and heard a gunshot, and on the count of ‘three,’ Young turned his head in Lewis’s direction and heard more gunshots. As Young turned his head, he felt heat from a bullet graze his left cheek. He opened his eyes and saw that Lewis had been shot in the head. For a moment, Young thought that he, himself, was dead and urinated on himself. On realizing that he was alive, he pretended that he was dead. White got up and jumped over Young’s body, running toward the stairs. The defendants chased White, and Young heard more gunshots, followed by what sounded like footsteps running down the stairs. Young got up and realized that he was all right. Young thought Lewis, from his appearance, was unlikely to survive. Young went to an attic window and saw two people getting into an automobile, but could not make out who those two people were. He ran down the stairs and encountered White at the bottom. White was still breathing and was making gurgling sounds. Young told him he would go for help. Uncertain whether all three defendants had left, You”

   1 later decision quote this exact passage
   e.g. 968 F. Supp. 2d 334 - Felder v. Dickhaut

3. “Here, it should be noted that the content of the photographs was not exculpatory and was cumulative of testimony from several police officers that there had been footprints in the snow in Young’s backyard. The absence of such photographs would have served to support a claim that these officers (and Young) all lied under oath about the existence of the footprints or that the police investigation was inadequate on account of the failure of police to record evidence. By withdrawing his objection to the Commonwealth’s admission of the photographs and offering the photographs in evidence, the defendant’s trial counsel essentially made a decision to abandon such lines of defense in favor of a different strategy that involved using the photographs to impeach Detective McCain. Thus, it cannot be said that the defense was unable to make effective use of the photographs. See id. Further, because the Commonwealth was not permitted to admit the photographs, any potential prejudice to the defendant was mitigated. In view of these circumstances, the judge did not err in refusing to instruct the jury as the defendant had requested in his motion for sanctions.”

   1 later decision quote this exact passage
   e.g. 968 F. Supp. 2d 334 - Felder v. Dickhaut