Commonwealth v. Bricker’s Empirical Analysis

Citation profile

58 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he introduction of the plea agreements served as silent witnesses, causing the same prejudice to [Bricker] as we held to be reversible error in [Tann ]. With the agreements before them, the jurors could reasonably infer that [Bricker] had the same opportunity as [the cooperating co-conspirators] to cooperate with the investigation ..., and chose to remain silent. The fact that [Bricker] did not take the stand in his own defense further bolsters his claim that there is a reasonable possibility that this error might have contributed to the verdict. It would have been appropriate for the Commonwealth to reveal the existence of the agreements, and the parameters thereof, through the testimony of the witnesses. If they still felt it necessary to enter the documents into evidence they simply could have redacted portions of the agreements to delete the prejudicial aspects, as requested by defense counsel, prior to submission of them to the jury. To allow the jurors to read these unredacted documents at their leisure during deliberations runs afoul of the Tann case and the requirements of fundamental fairness. [B]y admitting into evidence these agreements that vouch for their credibility, the government was testifying sub silentio that “just this once” these lowlife witnesses should be believed; that “during this trial” they are crowned with the governmental halo of “being on the right side” and are therefore credible. The jury neither cautioned to “look upon the testimony with di”

   2 later decisions quote this exact passage · from the majority
   e.g. 453 Pa. Super. 497 - Commonwealth v. Choi Chun Lam · Commonwealth v. Miller

2. “call to the attention of the jury the fact that a witness, who is associated with the accused in the activity giving rise to the criminal charges, has waived his Fifth Amendment rights against self-incrimination and is taking the witness stand to tell the truth. This tactic has the effect of emphasizing to the jury that the defendant, who is associated with the witness, has the same opportunity to waive his constitutional rights and tell the truth. The defendant is unduly prejudiced by this blatant invitation for the jury to draw an inference from the fact that the witness is foregoing his constitutional right against self-incrimination. This tends to spotlight the accused if he fails to do the same thing and clearly invites an improper prejudicial inference from the jury.”

   2 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. Miller · Commonwealth v. DeJesus

3. “[i]t is beyond question that permitting the prosecution to send these documents out with the jury during deliberations impermissibly bolstered the credibility of Charles Rossi and Charles Kellington,”

   2 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. DeJesus · 422 Pa. Super. 224 - Commonwealth v. Fox