2004 Pa. Super. 296 - Commonwealth v. Laventure’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e find this practical approach particularly apt in the context of issues involving the tolling of statutes of limitations. It is well-settled that the purpose underlying a statute of limitations is to limit the amount of time an individual is exposed to criminal liability because of the inherent difficulties in defending against a criminal charge where a great deal of time has passed between the commission of the crime and the prosecution thereof, e.g. the death or lack of memory of -witnesses. Cardonick, 448 Pa. at 332-333 , 292 A.2d at 407-408 . The use of the above proposed standard on a case-by-case basis would not contravene this rationale, as the criminal case will have actually commenced with the filing of the initial “John Doe” complaint and issuance of the warrant. Essentially, the “ball will be rolling” as a result of the initial “John Doe” complaint or warrant, and if a swiftly-developing investigation does not result in the rapid amendment of the initial document to include the subject’s actual identity, then the applicable statute of limitations will function ultimately to bar prosecution.”

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

2. “In effect, the majority has transformed a strict statute of limitations into an amorphous time period. According to the majority, an arrest warrant that does not particularly describe the person to be seized, a defect that would normally invalidate the warrant under the Fourth Amendment, is valid as long as the Commonwealth files it before the statute of limitations expires and then supplements the warrant with the required description some time thereafter.”

   1 later decision quote this exact passage · from the dissent
   e.g. Commonwealth v. Laventure

3. “Did the Superior Court err in adopting a standard for determining whether a “John Doe” criminal complaint and warrant is constitutionally sufficient to toll the statute of limitations, which provides a “good faith” exception to the constitutional requirement of reasonable particularity and fails to require the inclusion of specific, identifying information which would permit execution of the arrest warrant?”

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