Commonwealth v. Nash’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"First, each of McDonald's confessions was made spontaneously to a close acquaintance shortly after the murder had occurred. Second, each one was corroborated by some other evidence in the case — McDonald's sworn confession, the testimony of an eyewitness to the shooting, the testimony that McDonald was seen with a gun immediately after the shooting, and proof of his prior ownership of a .22-caliber revolver and subsequent purchase of a new weapon. The sheer number of independent confessions provided additional corroboration for each. Third, whatever may be the parameters of the penal-interest rationale, each confession here was in a very real sense self-incriminatory and unquestionably against interest."”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Lewis · 248 Pa. Super. 410 - Commonwealth v. Pompey

2. ““Public policy, the fundamental principles of fairness and due process of law require the admission of declarations against penal interest where it can be determined that those statements: (1) exculpate the defendant from the crime for which he is charged; (2) are inherently trustworthy in that they are written or orally made to reliable persons of authority or those having adverse interests to the declarant; and, that they are made pre-trial or during the trial itself. Under these circumstances, an exception to the hearsay rule, in our view, is mandatory. The protection of innocent defendants must override any technical adherence to a policy that excludes evidence on the grounds of hearsay.””

   2 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. Gamsby · 248 Pa. Super. 410 - Commonwealth v. Pompey

3. ““In my judgment, this Court should adopt as part of the common law of evidence the view permitting extrajudicial declarations against penal interest to be admitted into evidence as an exception to the hearsay rule.” (457 Pa. p. 303, 324 A.2d p. 347) “The law of this Commonwealth has, however, long been that declarations against pecuniary or proprietary interest are admissible as a hearsay exception ... I perceive no logical foundation to support different treatment for declarations against penal interest.” (457 Pa. p. 304, 324 A.2d p. 347) “In my view, a declaration against penal interest should be admitted if its proponent can show that the declaration states facts that are against the penal interest of the declarant, and that the declarant is unavailable at the time of trial.” (457 Pa. pp. 305-6, 324 A.2d p. 348) “In any event, circumstances assuring reliability go to the weight of the evidence. See Rau v. First National Stores, 97 N.H. 490, 494-95 , 92 A.2d 921, 924 (1952). If the declaration is incredible or is testified to by an incredible witness, the factfinder is free to disbelieve the testimony. By cross-examination, opposing counsel is able to probe testimony for weakness, inconsistencies, or the interest of a witness. This, and not admissibility, is the safeguard for incredible testimony.” (457 Pa. pp. 308-9, 324 A.2d pp. 350)”

   1 later decision quote this exact passage · from the dissent
   e.g. 248 Pa. Super. 410 - Commonwealth v. Pompey