Commonwealth v. Moore’s Empirical Analysis
1973
Citation profile
23 state decisions
How this case has been cited
Cited by 26 later decisions — most recently August 2014 · most notably 298 Pa. Super. 32 - Commonwealth v. DeCaro (1982), Pennsylvania v. Newcomer (1980)
23 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
Relies on North Carolina v. Pearce · Colten v. Commonwealth of Kentucky · State v. Sparrow · Mann v. Commonwealth · Commonwealth v. Harper
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The possibility of vindictiveness, found to exist in Pearce , is not inherent in the Kentucky two-tier system. We note first the obvious: that the court which conducted Colten’s trial and imposed the final sentence was not the court with whose work Colten was sufficiently dissatisfied to seek a different result on appeal; and it is not the court that is asked to do over what it thought it had already done correctly. Nor is the de novo court even asked to find error in another court’s work. Rather, the Kentucky court in which Colten had the unrestricted right to have a new trial was merely asked to accord the same trial, under the same rules and procedures, available to defendants whose cases are begun in that court in the first instance.”
1 later decision quote this exact passage““It is our holding that where, as in the instant case, defendant takes an appeal as of right from a summary judgment, without allegations of error, to a higher court before which his case is tried de novo without reference to the prior summary proceeding and without reference to the sentence imposed by the municipal court, the reasoning supporting Colten v. Kentucky rather than that supporting North Carolina v. Pearce is applicable and governing.” (Emphasis added in part) Commonwealth v. Moore, supra, 226 Pa.Super. at 63 , 312 A.2d 424 .”
1 later decision quote this exact passage“as if the prior summary proceedingfs] had not occurred,” that is, de novo. Id. at ftn. 3. (emphasis added); see also, Commonwealth v. Moore, 226 Pa.Super. 58 , 312 A.2d 422, 426 (1973) (trial de novo means "that the defendant's case will in fact be tried in Common Pleas 'anew' the same as if it had not been heard before and as if no decision had been previously rendered.’ 2 Am.Jur.2d Admin.Law § 698 (1962)”
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.