Commonwealth v. Tracy’s Empirical Analysis

Citation profile

2 district · 5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “even if the statement were admissible, it was not so prejudicial as to require reversal because it was cumulative of other evidence demonstrating that the defendant had formed the required mental state for the crimes with which he was charged. At no time did the defendant deny that he returned to the White Dove with a gun and shot the victim. Further, there was evidence that, at the time the defendant was placed in protective custody, he told the victim he was going to kill him and told the police that it was not over and that “[h]e’d be back to finish it .... Further, there was strong evidence from numerous witnesses regarding the defendant’s conduct at the time he returned to the lounge with a gun.” All of the evidence supported the reasonable inference that after the fight the defendant intended to return to the White Dove to shoot the person with whom he had fought earlier in the evening and that he possessed the required mental state for the crimes charged. Therefore, even if it were error to allow in evidence the mother’s statement to the police officer, it was not prejudicial.”

   1 later decision quote this exact passage
   e.g. Tracy v. Olson

2. “The indictment for assault with intent to maim was based on the defendant’s act of shooting the victim in the arm, causing a disabling injury, while the assault with intent to murder was based on a wholly separate and distinct act of the defendant — firing at least two shots into the victim’s body. All the shots occurred within a period of thirty seconds. After the first shot, the defendant had time to contemplate his acts; yet he moved into a better position to shoot the victim. Based on the evidence a jury reasonably could find that the two episodes constituted separate acts that warranted two separate convictions and sentences. See Commonwealth v. Simpson, 428 Mass. 646, 655, 704 N.E.2d 1131 (1999).”

   1 later decision quote this exact passage
   e.g. Tracy v. Olson

3. “Here, the defendant’s mother made her statement to the police officer some forty-eight minutes after the defendant had been released to her custody. At some time while the defendant was with her, the underlying event took place, i.e., she became aware that the defendant was in possession of a gun and that he intended to return to the White Dove, the scene of his fight. Upon the mother’s return to the police station and at the time she made the statement there was evidence that she was “visibly upset,” “pale,” and “[h]er voice was quivering, cracking.” Thus, the judge was warranted in concluding that at the time the mother made the statement she was still under the influence of the underlying event.”

   1 later decision quote this exact passage
   e.g. Tracy v. Olson