Commonwealth v. Morris’s Empirical Analysis

Citation profile

2 federal appellate · 28 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no per se rule that requires a new trial for a defendant every time there is a reference to prior criminal activity ... ‘[W]e have never ascribed to the view that all improper references to prior criminal activities necessarily require the award of a new trial as the only effective remedy.’ ... Further, the reference to prior criminal activity must be prejudicial to the defendant, with prejudice resulting “where the testimony conveys to the jury, either expressly or by reasonable implication, the fact of a prior offense.’ However, it is possible to eradicate any possible prejudice resulting from reference to prior criminal activity by the defendant.... An immediate curative instruction to the jury may alleviate any harm to the defendant that results from reference to prior criminal conduct.”

   2 later decisions quote this exact passage
   e.g. 435 Pa. Super. 266 - Commonwealth v. Wheeler · Commonwealth v. Zook

2. “This action [began] on August 9, 1980, when at approximately 3:00 a.m., the police were summoned to investigate an alarm at the Pep Boys Auto Parts Store at 48th and Girard Avenue in Philadelphia, Pennsylvania. Upon arrival an officer, Alexander Stephens, discovered that the front window to the store had been broken. Subsequently the manager of the store, Bob McDonald, arrived and both went through the store to make sure everything was in order. Upon finding everything in order the police officer left and the manager then called the Franklin Glass Company to get the window boarded up for the night. At approximately 4:30 a.m., a William Linaberry, an employee of the glass company, arrived at the store and began boarding up the broken window. Approximately 10 minutes later, while Mr. Linaberry and Mr. McDonald were outside the store discussing the broken window, an individu al crossed the street from the ARCO service station and asked what had happened. This man was carrying a yellow bag and subsequently produced a hand gun and then stated to Mr. McDonald, “put the money in the bag.” McDonald replied “what money” and with that, the man shot Mr. McDonald twice, killing him. The appellant was subsequently identified as the perpetrator of the robbery/murder and was arrested October 22,1980, in Suffolk City, Virginia.”

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