Commonwealth v. Werner’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We are in no position to substitute our judgment for that of the judge on credibility questions”

   4 later decisions quote this exact passage
   e.g. N.G. v. D.N. · D.N. v. A.G.

2. “Apparently, even these instructions were not enough to keep jurors from at least alluding to their jury service on social media Web sites. More explicit instructions about the use of social media and the Internet may therefore be required. Instructions not to talk or chat about the case should expressly extend to electronic communications and social media, and discussions about the use of the Internet should expressly go beyond prohibitions on research. Jurors should not research, describe, or discuss the case on-or off-line. Jurors must separate and insulate their jury service from their digital lives.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State of Tennessee v. William Darelle Smith

3. “a sufficient showing that the discovery is reasonably likely to uncover evidence that might warrant granting a new trial”

   1 later decision quote this exact passage
   e.g. 94 Mass. App. Ct. 690 - Commonwealth v. Vines