Commonwealth v. Griffin’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant did not file a motion for a new trial and therefore rests his claim of ineffective assistance of counsel solely on the trial record. Such ineffective assistance of counsel claims are 'the weakest form of such a challenge' because they * lack 'any explanation by trial counsel for his actions.' " Commonwealth v. Griffin , 475 Mass. 848 , 857-858, 62 N.E.3d 490 (2016), quoting Commonwealth v. Peloquin , 437 Mass. 204 , 210 n.5, 770 N.E.2d 440 (2002). "Examining this claim under G. L. c. 278, § 33E, 'we review the trial record alone to determine whether a defense counsel's strategic or tactical decision questioned on appeal was manifestly unreasonable when made and, if so, whether the unreasonable decision resulted in a substantial likelihood of a miscarriage of justice.' " Griffin , supra at 858, 62 N.E.3d 490 , quoting Commonwealth v. Brown , 462 Mass. 620 , 629, 970 N.E.2d 306 (2012). There were clear reasons for not pursuing a lack of criminal responsibility defense at trial. Compare Commonwealth v. LaCava , 438 Mass. 708 , 714, 783 N.E.2d 812 (2003) (where counsel's expert opined defendant did not have mental disease or defect, not unreasonable for counsel to consider that opinion as "serious impediment”

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

2. “strongly and specifically instructed that the burden is on the Commonwealth to prove criminal responsibility beyond a reasonable doubt.”

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