Commonwealth v. Trivigno’s Empirical Analysis

Citation profile

6 federal appellate · 40 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We now hold that when a Simmons instruction 17 is required because the prosecution has argued the defendant’s future dangerousness, the trial court ... should inform the jury that a life sentence means that a defendant is not eligible for parole, but that the Governor has the power to grant a commutation of a sentence of life or death if based on the recommendation of the Board of Pardons following a public hearing. Further, the trial court should relay any available statistical information relating to the percentage of life sentences that have been commuted within the last several years.”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Chmiel · Commonwealth v. Fletcher

2. “In the eligibility determination, the statutory scheme must narrow the class of persons for whom the death penalty applies and justify the imposition of such penalty as compared to others found guilty of murder. See Lowenfield v. Phelps, 484 U.S. 231, 244 , 108 S.Ct. 546, 554 , 98 L.Ed.2d 568 (1988). One means of narrowing the class is by prescribing aggravating circumstances that must exist before the death penalty can be imposed, which serves to appropriately channel the sentencer's discretion. See Blystone v. Pennsylvania, 494 U.S. 299, 306-07 , 110 S.Ct. 1078, 1083 , 108 L.Ed.2d 255 (1990). The selection decision is implicated when the sentencer decides whether a defendant who is eligible for the death penalty should in fact receive that sentence. See Tuilaepa, 512 U.S. at 972 , 114 S.Ct. at 2635 .”

   1 later decision quote this exact passage · from the concurrence
   e.g. Commonwealth v. Boczkowski

3. “As a general rule, any comment that the prosecuting attorney makes regarding a defendant's election not to testify is a violation of the defendant's right against self incrimination as guaranteed by the Fifth Amendment of the United States Constitution, Article I, Section 9 of the Pennsylvania Constitution and by statute, codified at 42 Pa.C.S.[ ] § 5941. A comment is constitutionally and statutorily forbidden if "the language used by the prosecutor is intended to create for the jury an adverse inference from the failure of the defendant to testify." This rule is not an absolute bar to any reference to a defendant's failure to testify. A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel.”

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