Commonwealth v. Walker’s Empirical Analysis

Citation profile

4 federal appellate · 4 district · 67 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “an out-of-court eyewitness identification is not admissible where the defendant proves by a preponderance of the evidence, considering the totality of the circumstances, that the identification is so unnecessarily suggestive and conducive to irreparable misidentification that its admission would deprive the defendant of his right to due process.”

   5 later decisions quote this exact passage
   e.g. 93 Mass. App. Ct. 120 - Commonwealth v. Rivers · 93 Mass. App. Ct. 308 - Commonwealth v. McEvoy

2. “[u]nless there are exigent or extraordinary circumstances, the police should not show an eyewitness a photographic array, whether simultaneous or sequential, that contains fewer than five fillers for every suspect photograph.”

   2 later decisions quote this exact passage
   e.g. Walker v. Medeiros · Commonwealth v. Pina

3. “However, such evidence may be admissible for some other purpose, for instance, 'to establish motive, opportunity, intent, preparation, plan, knowledge, identity, or pattern of operation.'”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Almeida · Commonwealth v. McDonagh