84 Mass. App. Ct. 308 - Commonwealth v. Viust’s Empirical Analysis
2013
Citation profile
2
cited by 2 later decisions
1
states following
November 2014
most recently cited
2 state decisions
Relationships
Relies on United States v. Bryan · United States v. Wilson · In the Matter of Criminal Contempt of Thomas C McConnell · Commonwealth v. Corsetti · Commonwealth v. Gagnon
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Requiring a Commonwealth’s witness to assert the privilege in front of the jury could result in severe prejudice to the Commonwealth’s case. See Commonwealth v. Gagnon, 408 Mass. 185, 198 , 557 N.E.2d 728 (1990), S.C., 430 Mass. 348 , 718 N.E.2d 1254 (1999) (evidence that witness exercises his Fifth Amendment right “pro-ducéis] no relevant evidence, while inviting the jury to engage in unwarranted and impermissible speculation”); Commonwealth v. Oliveira, 74 Mass.App.Ct. 49, 57-58 , 904 N.E.2d 442 (2009) (permitting witness who refuses to testify to assert Fifth Amendment privilege before jury “presents the real possibility that jurors will speculate that the witness is guilty of the crime charged [or another crime] and that the defendant is not”).”
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.