Commonwealth v. Powell’s Empirical Analysis

Citation profile

8 federal appellate · 12 district · 42 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Gaines’s right to a fair trial was violated and he received an illegal sentence because: (a) Judge Hinkle improperly considered the fact that the victims were uniformed police officers as an aggravating factor; and (b) Judge Hinkle was biased against Gaines and unfairly sentenced him because the courtroom was filled with uniformed police officers during his sentencing. D. 1 at 5. 2. Gaines was denied effective assistance of counsel when: (a) counsel opened the door to the admission of an unfairly prejudicial flyer that included a mugshot of Gaines; (b) counsel failed to challenge potentially biased jurors during empanelment; (c) counsel failed to inform Gaines of a plea offer; and (d) counsel failed to move to suppress illegally seized evidence. Id. at 7 . 3. Gaines’s right to a public trial was violated because Judge Hinkle ordered jury selection to be conducted “in private,” at which time members of the public, specifically Gaines’s family and friends, were denied entry to the courtroom. Id. at 8 . 4. The Massachusetts firearm statutory scheme, Mass. Gen. L. c. 269, § 10(h) and c. 278, § 7: (a) create an unconstitutional restriction of Gaines’s Second Amendment right; and (b) violate the due process clause of the Fourteenth Amendment because the statutes improperly shift the burden to Gaines to “prove his innocence.” D. 1 at 10. 5. Gaines’s Fourth and Fourteenth Amendment rights to be free from unreasonable search and seizure were violated. Id. at 12.”

   1 later decision quote this exact passage
   e.g. Gaines v. Vidal

2. “We hold that [Massachusetts General Laws chapter 278, section 7], establishing a presumption that the defendant, until he proves a license, is not so authorized, is constitutional.... The holding of a valid license brings the defendant within an exception to the general prohibition against carrying a firearm, and is an affirmative defense. Absence of a license is not “an element of the crime,” as that phrase is commonly used. In the absence of evidence with respect to a license, no issue is presented with respect to licensing. In other words, the burden is on the defendant to come forward with evidence of the defense. If such evidence is presented, however, the burden is on the prosecution to persuade the trier of facts beyond a reasonable doubt that the defense does not exist. 8”

   1 later decision quote this exact passage
   e.g. 926 F. Supp. 2d 367 - Powell v. Tompkins

3. “the Commonwealth does not need to present evidence to show that the defendant did not have a license or FID card because the burden is on the defendant, under G. L. c. 278, § 7, ... to come forward with such evidence.”

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