Commonwealth v. Marshall’s Empirical Analysis
1997
Citation profile
40 state decisions
How this case has been cited
Cited by 40 later decisions — most recently April 2018 · most notably Commonwealth v. $6,425.00 Seized from Esquilin (2005), Commonwealth v. $11,600.00 Cash, U.S. Currency (2004)
40 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on McKinney v. Baldwin · Commonwealth v. Craver · Commonwealth v. Birdsong · Riddle Memorial Hospital v. Dohan · Commonwealth v. Fielding
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] completely innocent citizen ... could have in his or her possession, at any time, currency that happened to be involved in a drug transaction at some unknown time in the past.”
5 later decisions quote this exact passage“(j) Owner's burden of proof.- At the time of the hearing, if the Commonwealth produces evidence that the property in question was unlawfully used, possessed or otherwise subject to forfeiture under section 6801(a) or 6801.1(a), the burden shall be upon the claimant to show: (1) That the claimant is the owner of the property or the holder of a chattel mortgage or contract of conditional sale thereon. (2) That the claimant lawfully acquired the property. (3) That it was not unlawfully used or possessed by him. In the event that it shall appear that the property was unlawfully used or possessed by a person other than the claimant, then the claimant shall show that the unlawful use or possession was without his knowledge or consent. Such absence of knowledge or consent must be reasonable under the circumstances presented.”
3 later decisions quote this exact passage“Forfeitures generally. — The following shall be subject to forfeiture to the Commonwealth and no property right shall exist in them: (6)(i) All of the following: (A) Money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of The Controlled Substance, Drug, Device and Cosmetic Act, and all proceeds traceable to such an exchange. (B) Money ... used or intended to be used to facilitate any violation of [the Controlled Substance Act].”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.