Smith v. Commonwealth’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. “It is improper to permit a witness to testify that another witness has made prior consistent statements, absent an express or implied charge against the declarant of recent fabrication or improper influence. Otherwise, the witness is simply vouching for the truthfulness of the declarant's statement, which we have held to be reversible error. We perceive no conceptual distinction between testimony that repeats the witness's prior consistent statement verbatim and testimony that the witness previously made statements that were consistent with her trial testimony. Either way, the evidence is offered to prove that the declarant's trial testimony is truthful because it is consistent with her prior statements. A witness cannot be corroborated by proof that on previous occasions he has made the same statements as those made in his testimony.”

   2 later decisions quote this exact passage
   e.g. Hoff v. Commonwealth · King v. Commonwealth

2. “was unnecessary because no dispute existed as to what [the child] alleged since she had adequately stated it in the courtroom and in front of the jury[ ]”

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