Commonwealth v. Henry’s Empirical Analysis
2016
Citation profile
27
cited by 27 later decisions
3
states following
January 2023
most recently cited
27 state decisions
Relationships
Relies on Bearden v. Georgia · United States v. Boccagna · United States v. Jose Fuentes · Fidelity Management & Research Co. v. Ostrander · Commonwealth v. Cory
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he judge must consider the financial resources of the defendant, including income and net assets, and the defendant's financial obligations, including the amount necessary to meet minimum basic human needs such as food, shelter, and clothing for the defendant and his or her dependents.”
4 later decisions quote this exact passage“"Where a defendant claims that he or she is unable to pay the full amount of the victim's economic loss, the defendant bears the burden of proving an inability to pay. See Commonwealth v. Porter , 462 Mass. 724 , 732-733 [ 971 N.E.2d 291 ] (2012) (defendant bears burden of persuasion regarding indigency, in part because '[a] criminal defendant is the party in possession of all material facts regarding her own wealth and is asserting a negative'). Cf. United States v. Fuentes , 107 F.3d 1515 , 1532 (11th Cir. 1997) (regarding restitution, 'the defendant must establish her financial resources and needs by a preponderance of the evidence')."”
3 later decisions quote this exact passage“[t]he defendant may be required to report to his or her probation officer any change in the defendant's ability to pay, and the probation officer may petition the judge to modify the condition of probation ... based on any material change in the probationer's financial circumstances.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.