Commonwealth v. Seino’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[1] the importance of the evidence in the prosecution's case; [2] the relationship between the evidence and the premise of the defense; [3] who introduced the issue at trial; [4] the frequency of the reference; [5] whether the erroneously admitted evidence was merely cumulative of properly admitted evidence; [6] the availability or effect of curative instructions; and [7] the weight or quantum of evidence of guilt."”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Tavares · Commonwealth v. Whitney

2. “an attorney's performance fell measurably below that which might be expected from an ordinary fallible lawyer and ... [that] such ineffectiveness has likely deprived the defendant of an otherwise available substantial defense.”

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

3. “elicited evidence to support the defense's theory of how the defendant's blood was transferred to the victim”

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