Commonwealth v. Brown’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “on the basis of affidavits if those affidavits and the motion raise no 'substantial issue.' " Commonwealth v. Brown , 479 Mass. 163 , 168 (2018), quoting from Mass.R.Crim.P. 30(c)(3), as appearing in 435 Mass. 1501 (2001). "The decision on a motion for a new trial, as well as the decision whether to decide the motion on the basis of affidavits or to hear oral testimony, is left largely to the sound discretion of the judge.”

   1 later decision quote this exact passage · from the dissent
   e.g. 93 Mass. App. Ct. 1114 - Commonwealth v. Waite

2. “Counsel [i]s ineffective if his conduct f[alls] 'measurably below that which might be expected from an ordinary fallible lawyer' and 'likely deprived the defendant of an otherwise available, substantial ground of defence.'”

   1 later decision quote this exact passage · from the concurrence
   e.g. Commonwealth v. Stevens

3. “In regard to the latter requirement, there ought to be some showing that better work might have accomplished something material for the defense.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Commonwealth v. Stevens