2011 Pa. Super. 69 - Commonwealth v. Ratushny’s Empirical Analysis
2011
Citation profile
7 state decisions
Relationships
Relies on Commonwealth v. Tuladziecki · Commonwealth v. Devers · Bank of New York v. Continental Airlines, Inc. · McDonald v. George Meany Center for Labor Studies · N.C.P. Marketing Group, Inc. v. BG Star Productions, Inc.
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.
“In weighing Dr. Chambers' testimony this [c]ourt noted that he had not personally examined or evaluated [Appellant]. Based upon the testimony offered on behalf of the [p]arties, the SVP assessment conducted by Ms. Brust on 31 March 2015, and the written critique of the assessment prepared by Dr. Chambers, this [c]ourt found that the Commonwealth had met its burden of showing by clear and convincing evidence that [Appellant] has been convicted of a sexually violent offense and has a mental abnormality or disorder which makes him likely to engage in predatory sexually violent offenses. In light of this finding, this [c]ourt then designated [Appellant] an SVP subject to the registration requirements of Pennsylvania law. In making its determination of [Appellant]'s SVP status, this [c]ourt compared and contrasted the assertions of Ms. Brust as reflected in her hearing testimony and her personal interaction with [Appellant] in conducting his SVP assessment, with the observations and opinions advanced by Dr. Chambers in his hearing testimony and written critique of Ms. Brust's assessment. This comparison led this [c]ourt to the conclusion that, although both Ms. Brust and Dr. Chambers were both well qualified to evaluate [Appellant], the nature and weight of the evidence presented by the Commonwealth was sufficient to establish that [Appellant] is an SVP notwithstanding any assertion to the contrary advanced by Dr. Chambers. In reaching its conclusion, this [c]ourt noted, considere”
1 later decision quote this exact passage“We discern no basis on which to distinguish our standard of review on weight claims, whether challenging the weight of the evidence to support a guilty verdict or a trial court's SVP determination. A defendant must put the issue before the trial court in the first instance [.]”
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.