Commonwealth v. Halye’s Empirical Analysis

Citation profile

21 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. “§ 9795.4. Assessments ^ Hs H* ‡ ‡ (b) Assessment.... An assessment shall include, but not be limited to, an examination of the following: (1) Facts of the current offense, including: (i) Whether the offense involved multiple victims. (ii) Whether the individual exceeded the means necessary to achieve the offense. (iii) The nature of the sexual contact with the victim. (iv) Relationship of the individual to the victim. (v) Age of the victim. (vi) Whether the offense included a display of unusual cruelty by the individual during the commission of the crime. (vii) The mental capacity of the victim. (2) Prior offense history, including: (i) The individual’s prior criminal record. (ii) Whether the individual completed any prior sentences. (iii) Whether the individual participated in available programs for sexual offenders. (3) Characteristics of the individual, including: (i) Age of the individual. (ii) Use of illegal drugs by the individual. (iii) Any mental illness, mental disability or mental abnormality. (iv) Behavioral characteristics that contribute to the individual’s conduct. (4) Factors that are supported in a sexual offender assessment filed as criteria reasonably related to the risk of reoffense.”

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

2. “At trial the victim’s mother testified that [the] [a]ppellant, who was her second or third cousin, had come to her home with her former mother-in-law for a visit. The witness stated that her husband, her son and her daughter were also at home that evening. The children were playing in a bedroom while the adults were in another part of the home. At one point, [the] [a]ppellant indicated that he had to go to the bathroom. When he did not promptly return, and the children became quiet, the mother testified that she became concerned and walked back to the bedroom to check on them. Her daughter was seen sitting on the edge of the bed playing a game by herself. Upon opening a closet door, [the] [a]ppellant was discovered with his head placed near her son’s exposed privates.”

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

3. “Despite the criminal nature of [the] [appellant's actions, which support his convictions for involuntary deviate sexual intercourse, indecent assault and corruption of minors, there is insufficient evidence of [the] [appellant’s role as a supervisor or guardian of the child to support the endangering the welfare of children conviction. No testimony was presented to indicate that [the] [appellant was asked to supervise the children or that such a role was expected of him. Rather, [the] [appellant was a visitor in the child’s home. The child’s parents were home and were supervising their children. This is evidenced by the mother’s remarks that her concern for the children led her to check on them and to discover the assault by [the] [appellant.”

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