Commonwealth v. Miller’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether an argument was improper, we examine the remarks 'in the context of the entire argument, and in light of the judge's instructions to the jury and the evidence at trial.' Commonwealth v. Gaynor , 443 Mass. 245 , 273 (2005), quoting Commonwealth v. Viriyahiranpaiboon , 412 Mass. 224 , 231 (1992).”

   1 later decision quote this exact passage
   e.g. 93 Mass. App. Ct. 1103 - Commonwealth v. Gibson

2. “It is a principle frequently cited with approval in our cases, including those where there is evidence of intoxication or mental impairment on the part of the defendant.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Odgren

3. “Certainly, the jury were entitled to infer malice from the intentional use of a deadly weapon, so long as the judge's instructions did not compel them to do so”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Odgren