2011 Pa. Super. 14 - Commonwealth v. Mobley’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We must determine whether the evidence admitted at trial, and all reasonable inferences drawn therefrom, when viewed in a light most favorable to the Commonwealth as verdict winner, support the conviction beyond a reasonable doubt. Where there is sufficient evidence to enable the trier of fact to find every element of the crime has been established beyond a reasonable doubt, the sufficiency of the evidence claim must fail. The evidence established at trial need not preclude every possibility of innocence and the fact-finder is free to believe all, part, or none of the evidence presented. It is not within the province of this Court to re-weigh the evidence and substitute our judgment for that of the fact-finder. The Commonwealth’s burden may be met by wholly circumstantial evidence and any doubt about the defendant’s guilt is to be resolved by the fact finder unless the evidence is so weak and inconclusive that, as a matter of law, no probability of fact can be drawn from the combined circumstances.”

   9 later decisions quote this exact passage
   e.g. 2013 Pa. Super. 118 - Commonwealth v. Toritto · 2012 Pa. Super. 150 - Commonwealth v. Brown

2. “[a]ny person who drives, operates or is in actual physical control of the movement of a vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driver, operating or in actual physical control of the movement of a vehicle: (1) in violation of ... 3802 (relating to driving under the influence of alcohol or controlled substance).... (a) Suspension for refusal.— (1) If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person as follows: (2) It shall be the duty of the police officer to inform the person that: (i) the person’s operating privilege will be suspended upon refusal to submit to chemical testing; and (ii) if the person refuses to submit to chemical testing, upon conviction or plea for violating section 3802(a)(1), the person shall be subject to the penalties provided in section 3804(c) (relating to penalties).”

   1 later decision quote this exact passage
   e.g. 2013 Pa. Super. 319 - Commonwealth v. Olsen

3. “Hence, it is evident that a breath/blood test refusal is not an element of DUI-general impairment. Nevertheless, Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) and its progeny maintain that any fact which increases the maximum penalty, except a prior conviction, requires proof beyond a reasonable doubt, regardless of whether the fact is labeled as an element of the offense or a sentencing factor. See also Commonwealth v. Aponte, 579 Pa. 246 , 855 A.2d 800 , 811 (2004) ("in cases where the fact which increases the maximum penalty is not a prior conviction and requires a subjective assessment, anything less than proof beyond a reasonable doubt before a jury violates due process."). Certainly, a refusal can result in changing both the grading of the general impairment offense and the sentence a person may receive; thus, a defendant must be put on notice of these possible enhancements. See Aponte, supra at 807-809 ; Commonwealth v. Reagan, 348 Pa.Super. 589 , 502 A.2d 702 , 705 (1985) ( en banc ); see also Commonwealth v. Kearns, 907 A.2d 649 (Pa.Super.2006).”

   1 later decision quote this exact passage
   e.g. 2016 Pa. Super. 127 - Commonwealth v. Carley