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← 74 MASSAPPCT 904 - Commonwealth v. Braun

Commonwealth v. Braun’s Empirical Analysis

2009

Citation profile

10
cited by 10 later decisions
1
states following
August 2021
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently August 2021

10 state decisions

80200920102020decided

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 Commonwealth v. Rock · Commonwealth v. Stokes · Commonwealth v. Morales · 36 Mass. App. Ct. 81 - Commonwealth v. Keaton · Commonwealth v. Hernandez

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. ““judge abused his discretion by failing to conduct a voir dire where there was a very real basis for concluding that the juror was sleeping during testimony and the judge’s instructions, thereby calling into question that juror’s ability to fulfil her oath . . . . The juror’s inattentiveness was not a momentary lapse, but an inattention that spanned all or portions of the testimony of two witnesses and the judge’s instructions to the departing jury. That the judge was not certain whether the juror was sleeping and was unwilling to make such a finding should not have ended the inquiry. Uncertainty that a juror is asleep is not the equivalent of a finding that the juror is awake, or has a ‘sour face’ ” (emphasis in original).”
    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.