Commonwealth v. Hiskin’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “free from coercion, duress or improper inducements”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Mercado · 92 Mass. App. Ct. 1120 - Commonwealth v. Howes

2. ““While not solely determinative of the intelligence and voluntariness of a plea, the defendant’s sworn statements at colloquy have undeniable bearing and heft in resolving a later claim to the contrary. See Commonwealth v. Wheeler, 52 Mass. App. Ct. 631, 633-636 (2001) (defendant has burden to produce credible reason to reverse final decision that outweighs risk of prejudice to Commonwealth). . . . Such professions must mean something, and must have consequence, if guilty plea colloquies are to be more than stylized and empty formalities. The defendant’s sworn statements must not be discarded on the later assertion that he had his fingers crossed. See Commonwealth v. Wheeler, 52 Mass. App. Ct. at 635 .””

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

3. “Disposition of such a motion is within the judge's discretion, but a rigorous standard must be applied and a judge may only allow such a motion if it appears that justice may not have been done.”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 1120 - Commonwealth v. Howes