Public-domain · open source
OpenJurist
← 178 A3D 874 - Commonwealth v. McClellan

Commonwealth v. McClellan’s Empirical Analysis

2018

Citation profile

2
cited by 2 later decisions
1
states following
April 2021
most recently cited

1 state decisions

Relationships

Relies on Commonwealth v. Widmer · Commonwealth v. MacOlino · Commonwealth v. Valette · Commonwealth v. Williams · Commonwealth v. Mudrick

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.

  1. “When contraband is not found on the defendant's person, the Commonwealth must establish "constructive possession," that is, the power to control the contraband and the intent to exercise that control . Commonwealth v. Valette , 531 Pa. 384 , 613 A.2d 548 (1992). The fact that another person may also have control and access does not eliminate the defendant's constructive possession.... As with any other element of a crime, constructive possession may be proven by circumstantial evidence. Commonwealth v. Macolino , 503 Pa. 201 , 469 A.2d 132 (1983). The requisite knowledge and intent may be inferred from the totality of the circumstances. Commonwealth v. Thompson , 286 Pa.Super. 31 , 428 A.2d 223 (1981).”
    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.