Commonwealth v. Berte’s Empirical Analysis

Citation profile

2 district · 8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The statute begins by prohibiting probation, goes on to prohibit probation for anyone over the age of seventeen, and concludes by prohibiting probation for repeat offenders. At first glance, nothing more seems to be happening than a prohibition of probation, but the defendant claims that the additional provisos seem to allow probation in certain circumstances. We encourage the Legislature to examine this part of the statute and amend it if our interpretation does not comport with its intention, but we determine that the only rule to be gleaned from the statute as written is that probation is prohibited.”

   1 later decision quote this exact passage
   e.g. 578 F. Supp. 2d 281 - Sok v. Spencer

2. “[N]or shall the person convicted be eligible for probation.... The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this subsection. The sentence imposed upon a person who ... commits a second or subsequent offense under the provisions of this section shall not be suspended or placed on probation.”

   1 later decision quote this exact passage
   e.g. 578 F. Supp. 2d 281 - Sok v. Spencer