Commonwealth v. Barky’s Empirical Analysis

Citation profile

21 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. ““In his plight the amnesiac differs very little from an accused who was home alone, asleep in bed, at the time of the crime or from a defendant whose only witnesses die or disappear before trial. Furthermore, courts, of necessity, must decide guilt or innocence on the basis of available facts even where those facts are known to be incomplete, and the amnesiac’s loss of memory differs only in degree from that experienced by every defendant, witness, attorney, judge, and venireman. How much worse off is a gener ally amnesic defendant on trial for murder, for example, than one who remembers all but the dispositive fact: who struck the first blow?” 71 Yale L.J. 109 ,128 (1961).”

   2 later decisions quote this exact passage · from the majority
   e.g. In the Interest of R.D. · In Re RD

2. “did not deny him either the effectiveness of counsel or the opportunity to present a defense.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re RD · 2019 UT App 21 - State v. Bruhn