Commonwealth v. Boyd’s Empirical Analysis

Citation profile

144 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 148 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘To sustain a conviction of murder of either degree, the evidence must establish that the killing was committed with malice. Commonwealth v. McFadden, 448 Pa. 277 , 292 A.2d 324 (1972).’ Commonwealth v. Coleman, 455 Pa. 508, 510 , 318 A.2d 716, 717 (1974). ‘ [Malice] consists either of an express intent to kill or inflict great bodily harm, or of a “wickedness of disposition, hardness of heart, cruelty, recklessness of consequences and a mind regardless of social duty” indicating an unjustified disregard for the probability of death or great bodily harm and an extreme indifference to the value of human life. Commonwealth v. Carroll, 412 Pa. 525 , 194 A.2d 911 (1963).’ Commonwealth v. Chermansky, 430 Pa. 170, 175 , 242 A.2d 237, 240-41 (1968). See Commonivealth v. Coleman, supra. ‘The existence of legal malice may be inferred and found from the attending circumstances of the act resulting in the death. Commonwealth v. Bowden, Pa., 309 A.2d 714 (1973).’ Commonwealth v. Coleman, supra at 510, 318 A.2d at 717 ; Commonwealth v. Chermansky, supra; Commonwealth v. Lawrence, 428 Pa. 188, 193 , 236 A.2d 768, 771 (1968).” Common wealth v. Taylor, 461 Pa. 557, 559 , 337 A.2d 545, 546 (1975).”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Simon · 398 Pa. Super. 315 - Commonwealth v. Badman

2. “Our task in cases of this nature therefore encompasses both an independent review of the record, see Commonwealth ex rel. Strangle v. Maroney, 423 Pa. 589 , 225 A.2d 236 (1967), and an examination of counsel’s stewardship of the now challenged proceedings in light of the available alternatives____ We cannot emphasize strongly enough,, however, that our inquiry ceases and counsel’s assistance is deemed constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client’s interests. The test in not whether other alternatives were more reasonable, employing a hindsight evaluation of the record. Although weigh the alternatives we must, the balance tips in favor of a finding of effective assistance as soon as it is determined that trial counsel’s decisions had any reasonable basis, (footnote omitted) (emphasis in original)”

   3 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. Thomas · 286 Pa. Super. 282 - Commonwealth v. Candia

3. “The only fact alleged by appellant as establishing involuntariness is the lengthy period of interrogation. On the other hand, the witness offering the statement testified that at the time appellant gave his statements he appeared “normal” and had been given a meal. Appellant testified and was questioned about the statement. He never indicated during his testimony that he was compelled in any sense to give this statement or that his will had been overborne. See Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Under the “totality of the circumstances” test, the fact that appellant was questioned for an extended period would be insufficient without more to establish that appellant’s will was overborne and the statements were not freely given.”

   2 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. Gilmore · Commonwealth v. D'Amato