2002 Pa. Super. 65 - Commonwealth v. Kelly’s Empirical Analysis
2002
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently October 2025
12 state decisions
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 Missouri v. Continential Insurance Cos. · United States v. Jorn · Arizona v. Washington · Wade v. Hunter · United States v. Dinitz
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it is well established that any doubt relative to the existence of manifest necessity should be resolved in favor of the defendant. a manifest need to declare a mistrial. “Rather, ‘varying and often unique situations aris[e] during the course of a criminal trial ... [and] the broad discretion reserved to the trial judge in such circumstances has been consistently reiterated ....”’”
4 later decisions quote this exact passage“WHETHER THE TRIAL COURT’S SUA SPONTE DECLARATION OF A MISTRIAL, CITING A MANIFEST NECESSITY AS THE REASON WAS A VIOLATION OF [APPELLANT’S] CONSTITUTIONAL DOUBLE JEOPARDY RIGHTS AND SHOULD A RE TRIAL BY THE COMMONWEALTH BE BARRED?”
1 later decision quote this exact passage“It is within a trial judge's discretion to declare a mistrial sua sponte upon the showing of manifest necessity, and absent an abuse of that discretion, we will not disturb his or her decision.”
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.