2005 Pa. Super. 408 - Commonwealth v. Malgieri’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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our standard of review relating to the application of Rule 600 is whether the trial court abused its discretion. Our scope of review is limited to the evidence on the record of the Rule 600 evidentia-ry hearing and the findings of the trial court. We must view the facts in the light most favorable to the prevailing party. If the Commonwealth attempts to bring a defendant to trial beyond the 365 day-period prescribed by Rule 600, and the defendant files a Rule 600 motion to dismiss, the court must assess whether there is excludable time and/or excusable delay. [...] Pa.R.Crim.P. 600(C), (G). Even where a violation of Rule 600 has occurred, we recognize: The motion to dismiss the charges should be denied if the Commonwealth exercised due diligence and ... the circumstances occasioning the postponement were beyond the control of the Commonwealth. Due diligence is a fact-specific concept that must be determined on a case-by-case basis. Due diligence does not require perfect vigilance and punctilious care, but rather a showing by the Commonwealth that a reasonable effort has been put forth. Reasonable effort includes such actions as the Commonwealth listing the case for trial prior to the run date to ensure that [the] defendant was brought to trial within the time prescribed by Rule 600. Commonwealth v. Aaron, 804 A.2d 39, 43-44 (Pa.Super.2002) See also [Commonwealth v.] Hill, [ 558 Pa. 238, 264 , 736 A.2d 578, 592 (1999) ] (finding Commonwealth exercised due diligence when it ini”

   2 later decisions quote this exact passage
   e.g. 2007 Pa. Super. 335 - Commonwealth v. Ramos · 2006 Pa. Super. 117 - Commonwealth v. Robbins

2. “It is long-established that judicial delay may serve as a basis for extending the period of time within which the Commonwealth may commence trial where the Commonwealth is prepared to commence trial prior to the expiration of the mandatory period but the court[,] because of scheduling difficulties or the like[,] is unavailable.”

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

3. “Our standard of review relating to the application of Rule 600 is whether the trial court abused its discretion. Our scope of review is limited to the evidence on the record of the Rule 600 evidentiary hearing and the findings of the trial court. We must view the facts in the light most favorable to the prevailing party.”

   1 later decision quote this exact passage
   e.g. 2007 Pa. Super. 53 - Commonwealth v. Baird