2003 Pa. Super. 312 - Commonwealth v. Schmotzer’s Empirical Analysis
2003
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently April 2020
5 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
Applies 18 U.S.C. § 666
Relies on Commonwealth v. Bracalielly · United States v. Zwick · Commonwealth v. Hockenbury · 138 Pa. Super. 505 - Commonwealth Ex Rel. Howard v. Howard · 365 Pa. Super. 437 - Commonwealth v. Keenan
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“§ 109. When prosecution barred by former prosecution for the same offense When a prosecution is for a violation of the same provision of the statutes and is based upon the same facts as a former prosecution, it is barred by such former prosecution under the following circumstances: (2) The former prosecution was terminated, after the indictment had been found, by a final order or judgment for the defendant, which has not been set aside, reversed, or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense. (3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two cases failure to enter judgment must be for a reason other than a motion of the defendant.”
1 later decision quote this exact passage“§ 112. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant A prosecution is not' a bar within the meaning of section 109 of this title (relating to when prosecution barred by former prosecution for same the offense) through section 111 of this title (relating to when prosecution barred by former prosecution in another jurisdiction) under any of the following circumstances: (1) The, former prosecution was before a court which lacked jurisdiction over the defendant or the offense.”
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.