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← 968 SW2D 76 - Talbott v. Commonwealth

Talbott v. Commonwealth’s Empirical Analysis

1998

Citation profile

33
cited by 33 later decisions
2
states following
September 2018
most recently cited

2 federal appellate · 30 state decisions

How this case has been cited

Cited by 33 later decisions — most recently September 2018 · most notably Baze v. Parker (2004), Winstead v. Commonwealth (2009)

2 federal appellate · 30 state decisions

180199820002010decided

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 Miranda v. State of Arizona Vignera · Chapman v. State of California · Wong Sun v. United States · Schneckloth v. Bustamonte · Payton v. New York

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

  1. “Where the defendant does not testify and there is no other factual basis to support a defense of extreme emotional disturbance, that defense cannot be bootstrapped into the evidence by an expert opinion premised primarily on out-of-court information furnished by the defendant.... To permit this type of evidence would allow a defendant to testify by proxy without being subjected to the crucible of cross-examination. The objection to [the expertj’s testimony was properly sustained and Appellant’s request for jury instructions on extreme emotional disturbance ... was properly denied.”
    1 later decision quote this exact passage
  2. “No officer, party, or witness to an action pending, or his attorney or attorneys shall, without leave of the court, converse with the jury or any member thereof upon any subject after they have been sworn.”
    1 later decision quote this exact passage
  3. “The true test is whether the misconduct has prejudiced the defendant to the extent that he has not received a fair trial.”
    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.