Commonwealth v. Marshall’s Empirical Analysis
2008
Citation profile
43 state decisions
How this case has been cited
Cited by 45 later decisions — most recently July 2020 · most notably Commonwealth v. Spotz (2011), Commonwealth v. Daniels (2009)
43 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 Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Batson v. Kentucky · Swain v. State of Alabama · Griffith v. Kentucky · Commonwealth v. Basemore
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Appellant also invokes exception (b)(1)(ii), for after-discovered facts, to excuse his untimely, second PCRA petition, but again, Appellant can not satisfy his burden thereunder. Appellant contends that he was unable to present his claim until Mr. Sagel revealed the identity of the author of the notes at issue. Because Appellant’s petition was filed within 60 days of Mr. Sagel’s testimony as to Mr. Lentz’s authorship of the notes, Appellant contends that his petition was therefore timely ... Appellant provides no evidence or argument that he could not have obtained the identity of the author of the notes from Mr. Sagel, or from another source, prior to Mr. Sagel’s testimony. Thus, Appellant has not carried his burden under Section 9545(b)(2) to establish that he presented his claim within 60 days of the time it could first have been presented ... The after-discovered “fact” on which Appellant relies is the contention, based on the Sagel and McMahon lectures, of a policy of racial discrimination in jury selection in the District Attorney’s Office. The investigative report that discussed both lectures and concluded therefrom that a discriminatory policy was extant in the District Attorney’s Office, was published in Philadelphia Magazine in June 1997, and thus was public knowledge prior to the filing of Appellant’s supplemental petition on October 24,1997.”
1 later decision quote this exact passagee.g. Commonwealth v. Fahy“We emphasize that it is the petitioner who bears the burden to allege and prove that one of the timeliness exceptions applies.”
1 later decision quote this exact passage“someone” had said the notes were made by Mr. Lentz. See Notes of Testimony (”
1 later decision 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.