Civitello v. Commonwealth’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““619.1 . . . [has] . . . now divested the secretary of his discretion in suspending for the named violations. The necessity for de novo review of discretionary action has therefore been removed. What is now reviewed is action mandated to the secretary. De Novo review entails, as the term suggests, full consideration of the case anew. The reviewing body is in effect substituted for the prior decision maker and redecides ■the case. The reviewing court may not, however, change the statutory law under which the original decision was made. “[Pursuant to] section 620, the licensee may still appeal to the lower court from the action of the secretary suspending his operator’s license. However, in determining ‘whether the petitioner is subject to suspension,’ the lower court will merely determine whether there has been a compliance with section 619.1. At the hearing before the lower court the Commonwealth should produce the records of convictions received by the Department of Revenue from the magistrates and courts of record in the proper form, and the secretary’s record compiled therefrom which justified the suspension. If these documents show that the suspension was given in accordance with the mandate of section 619.1, the Commonwealth has produced a prima facie case for suspension. If the defendant wishes he may then proceed to show that he was not convicted or that the records or the computation of the secretary are incorrect. He may not go into the facts of his violation or miti”

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

2. “The appellant here has raised three issues, none of which are persuasive. First, he asserts that his license was not subject to suspension because no proper report of conviction was transmitted by the justice of the peace. This not being a point-system suspension [case] under the provisions of Section 619.1 of The Vehicle Code, 75 P.S. § 619.1, [repealed by the Act of June 17, 1976, P.L. 162, § 7; reenacted at 75 Pa.C.S.A. § 1531 et seq.,\ and the appellant being entitled to and receiving a hearing de novo before the Court of Common Pleas of Chester County, the propriety of the magistrate’s conviction report is of no moment nor is it entitled to any consideration by the court below or this Court on review. Next, appellant contends that the Commonwealth failed to sustain its burden of proof at the hearing de novo because the magistrate’s report of conviction was offered but not admitted into evidence. An examination of the record will disclose that the report was not admitted into evidence but, as we have noted, the testimony of the arresting officer provided sufficient evidence to show that appellant had committed the offense of speeding. Accordingly, the record does disclose that the Commonwealth did sustain its burden of proof at the hearing de novo.”

   1 later decision quote this exact passage
   e.g. 319 Pa. Super. 398 - Commonwealth v. Gussey