Commonwealth v. LaBrie’s Empirical Analysis

Citation profile

24 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'In cases where tactical or strategic decisions of the defendant's counsel are at issue, we conduct our review with some deference to avoid characterizing as unreasonable a defense that was merely unsuccessful' and ask whether the decision was manifestly unreasonable when made.”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Gomes · 92 Mass. App. Ct. 1118 - Commonwealth v. Murray

2. “[T]he decision to allow or deny [a motion for a new trial] rests within the sound discretion of the motion judge, and we give deference to the factual findings of that judge, particularly when he or she was also the trial judge.”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Rhodes · Commonwealth v. Gomes

3. “”[t]he substantive crime is clearly both relevant and important, because what the crime of attempt aims to punish are acts that bear a proximate relation to that crime; put another way, the substantive crime helps to define and delimit what acts may have the requisite proximity. But the acts stand on their own, and whether a particular act qualifies as an overt act that, combined with proof of the requisite intent, constitutes a criminal attempt does not depend on whether the substantive crime has or has not been accomplished.””

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