Commonwealth v. Taylor’s Empirical Analysis

Citation profile

2 district · 20 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A prosecutor may argue 'forcefully for a conviction based on the evidence and on inferences that may reasonably be drawn from the evidence.' Commonwealth v. Kozec , 399 Mass. 514 , 516 [ 505 N.E.2d 519 ] (1987). 'When a defendant raises a claim of error regarding a prosecutor's closing argument, we consider (1) whether the defendant seasonably objected; (2) whether the error was limited to collateral issues or went to the heart of the case; (3) what specific or general instructions the judge gave the jury which may have mitigated the mistake; and (4) whether the error, in the circumstances, possibly made a difference in the jury's conclusions.' Commonwealth v. Kater , 432 Mass. 404 , 422-423 [ 734 N.E.2d 1164 ] (2000), citing ... Kozec , supra at 518 [ 505 N.E.2d 519 ]. The first three factors actually become subsumed into the fourth. '[T]he entire record, including the balance of the prosecutor's argument, [is] relevant in determining whether the error was prejudicial to the point of requiring a reversal of the conviction.' ... Kozec , supra at 523 [ 505 N.E.2d 519 ].”

   1 later decision quote this exact passage
   e.g. 94 Mass. App. Ct. 613 - Commonwealth v. Casbohm