Commonwealth v. Negron’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rule of relinquishment articulated in Broce is not constitutional in nature but is a procedural bar under Federal common law, which does not govern State procedural law. See Commonwealth v. LePage, 352 Mass. 408, 409 , 226 N.E.2d 200 (1967) ("Federal rules and cases ... do not control Massachusetts procedures, so long as there is no violation of applicable Federal constitutional principles"). See also Lefkowitz v. Newsome, 420 U.S. 283, 288-292 , 95 S.Ct. 886 , 48 L.Ed.2d 196 (1975) (apply ing State law to determine whether guilty plea constituted waiver of constitutional claims). Where we have declared as a matter of State procedural common law that a guilty plea does not relinquish a defendant's entitlement to challenge a-conviction on double jeopardy grounds;, see Commonwealth v. Clark, supra [ 379 Mass. 623 , 400 N.E.2d 251 (1980) ], a Federal rule of relinquishment has no consequence to collateral review of a guilty plea in a Massachusetts court and may not override our declaration of a different procedural rule.”

   1 later decision quote this exact passage
   e.g. Richard J. Redding v. State

2. “Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release him or her or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of the Constitution or laws of the United States or of the Commonwealth of Massachusetts.”

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

3. “defendant is not barred by his guilty plea from bringing an appeal or collateral challenge to his conviction on the ground that the conviction violated the prohibition against double jeopardy”

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