Commonwealth v. Ouch’s Empirical Analysis

Citation profile

7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A prima facie case consists of evidence, read in the light most favorable to the Commonwealth, that sufficiently establishes both the commission of a crime and that the accused is probably the perpetrator of that crime." Commonwealth v. Black , 108 A.3d 70 , 77 (Pa. Super. 2015) (citation omitted). As we have explained previously: The Commonwealth establishes a prima facie case when it produces evidences that, if accepted as true , would warrant the trial judge to allow the case to go to a jury. The Commonwealth need not prove the elements of the crime beyond a reasonable doubt; rather, the prima facie standard requires evidence of the existence of each and every element of the crime charged. Moreover, the weight and credibility of the evidence are not factors at this stage , and the Commonwealth need only demonstrate sufficient probable cause to believe the person charged has committed the offense. Inferences reasonably drawn from the evidence of record which would support a verdict of guilty are to be given effect, and the evidence must be read in the light most favorable to the Commonwealth's case. Commonwealth v. Marti , 779 A.2d 1177 , 1180 (Pa. Super. 2011) (internal citations and quotations omitted) (emphasis added). Moreover, "suspicion and conjecture are not evidence and are unacceptable as such." Commonwealth v. Packard , 767 A.2d 1068 , 1071 (Pa. Super. 2001) (citations omitted). Proof beyond a reasonable doubt is not required. Black , 108 A.3d at 70 ; see [ Commo”

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

2. “[T]he Commonwealth's prima facie case for a charged crime is a question of law as to which an appellate court's review is plenary.”

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