Commonwealth v. Floyd’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “DR 5-101 Refusing Employment When the Interests of the Lawyer May Impair His Independent Professional Judgment. * * * * * * (b) A lawyer shall not accept employment in contemplated or pending litigation if he knows or it is obvious that he or a lawyer in his firm ought to be called as a witness, except that he may undertake the employment and he or a lawyer in his firm may testify: (1) If the testimony will relate solely to an uncontested matter. (2) If the testimony will relate solely to a matter of formality and there is no reason to believe that substantial evidence will be offered in opposition to the testimony. (3) If the testimony will relate solely to the nature and value of legal services rendered in the case by the lawyer or his firm to the client. (4) As to any matter, if refusal would work- a substantial hardship on the client because of the distinctive value of the lawyer or his firm as counsel in the particular case. DR 5-102 Withdrawal as Counsel When the Lawyer Becomes a Witness. (A) If, after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that he or a lawyer in his firm ought to be called as a witness on behalf of his client, he shall ■withdraw from the conduct of the trial and his firm, if any, shall not continue representation in the trial, except that he may continue the representation and he or a lawyer in his firm may testify in the circumstances enumerated in DR 5-101(B)(l) through (4). (B) If, after undert”

   1 later decision quote this exact passage
   e.g. 317 Pa. Super. 88 - Commonwealth v. Beaver

2. “Unquestionably, the participation of counsel as a witness in the trial is to be discouraged. There are a number of concerns that arise where counsel becomes involved in the trial as a witness. It has been suggested that once he becomes a witness his personal credibility is placed at issue before the [trier of fact] and this may lessen his effectiveness as an advocate. Code of Professional Responsibility EC 5-9 (1980); Miller Electric Const., Inc. [v.] Devine Lighting Co., 421 F.Supp. 1020 , 1021 n. 3 (W.D.Pa.1976); Commonwealth v. Rondeau, 79 Mass. 1668 , 392 N.E.2d 1001, 1005 (1979). It has also been indicated that his involvement as a witness for his client causes him to be more easily subject to impeachment for interest and thus lessens his effectiveness as a witness. Id. On the other hand, his participation as a witness may cause his client’s side to gain an unfair, advantage, because of opposing counsel’s reluctance to aggressively attack his credibility. Id. (Footnote omitted)”

   1 later decision quote this exact passage
   e.g. 317 Pa. Super. 88 - Commonwealth v. Beaver

3. “the influences for a misidentification were [not] so great as to render [the complainant's] in-court identification offensive to the fairness mandated by due process.”

   1 later decision quote this exact passage
   e.g. 302 Pa. Super. 66 - Com. v. WP