Commonwealth v. Lang’s Empirical Analysis

Citation profile

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

1. “the failure to investigate did not create a substantial likelihood of a miscarriage of justice in the circumstances of this case because, 'even assuming the availability of a viable lack of criminal responsibility defense, counsel's strategic choice to defend the case solely on a self-defense theory was not manifestly unreasonable.'”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Lang v. DeMoura · Commonwealth v. Pina

2. “did not - 8 - create a substantial likelihood of a miscarriage of justice because the defendant 'offered no evidence indicating that he would have agreed to present a lack of criminal responsibility defense at the time of the original trial, and has clearly asserted that he would not present the defense at a new trial,'”

   1 later decision quote this exact passage · from the concurrence
   e.g. Lang v. DeMoura

3. “after review of the entire record pursuant to G.L. c.278, § 33E, the Justices agree unanimously that there is no other basis for granting the defendant relief.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Lang v. DeMoura