Commonwealth v. Cavitt’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. “Here, the totality of the circumstances do not show by a preponderance of the evidence that Vergara’s identification of [Cavitt]’s photograph was the product of unnecessarily suggestive police procedures. As defense counsel acknowledged at the suppression hearing, nothing was said or done by the police to direct Vergara’s attention to the computer screen that was being viewed by [another witness]. Vergara simply looked around as he exited the detective bureau and observed [Cavity’s photograph on [the other witnesses screen. As defense counsel further acknowledged, there was no evidence that Vergara overheard [the other witness] making any comments with regard to [Cavity’s photograph, which could have tainted Vergara’s identification. Vergara’s identification of [Cavity’s photograph plainly did not occur in circumstances that were unnecessarily suggestive. Contrary to [Cavity’s assertion, Ver-gara’s observation of [Cavity’s photograph on the computer screen being viewed by [the other witness] was not a one-on-one showup identification. It was more akin to a display of a series of photographs, given that Vergara had been viewing thousands of photographs on his own computer screen just minutes before leaving the detective bureau. We have concluded that Vergara’s identification of [Cavity’s photograph was not the product of unnecessarily suggestive police procedures that were conducive to a mistaken identification. Accordingly, [Cavity’s motion to suppress photographic identifica”

   1 later decision quote this exact passage · from the concurrence
   e.g. 57 F. Supp. 3d 81 - Cavitt v. Saba

2. “Based on our review of the four corners of [the affidavit supporting the warrant in question], we conclude that it set forth probable cause to search [the apartment where Cavitt was staying] for items of [CavittJ’s clothing, including his red and white sneakers. It follows, therefore, that the seizure of the sneakers did not exceed the scope of the search warrant. Contrary to [Cavitt]’s argument, his trial counsel was not ineffective for failing to seek suppression on this basis. Further, in light of our conclusion, the fact that defense counsel did not renew his motion to suppress or file a motion for reconsideration after [the female stabbing victim]’s DNA was found on [Cavitt]’s sneakers did not constitute ineffective assistance where the sneakers were properly seized in the first instance.”

   1 later decision quote this exact passage
   e.g. 57 F. Supp. 3d 81 - Cavitt v. Saba

3. “Vergara viewed a series of photographs on a computer terminal at the detective bureau in an effort to identify the individual he had seen fleeing from the [supermarket]. After he finished looking through the photographs, Vergara got up and, as he was being led out of the detective bureau, looked over at a computer terminal being viewed by [another witness], saw a photograph of [Cavitt] which happened to be on the screen, and said, “That looks like the guy that I saw.””

   1 later decision quote this exact passage · from the concurrence
   e.g. 57 F. Supp. 3d 81 - Cavitt v. Saba