Commonwealth v. Smith’s Empirical Analysis
1975
Citation profile
44 state decisions
How this case has been cited
Cited by 44 later decisions — most recently November 2011 · most notably 244 Pa. Super. 33 - Commonwealth v. Rick (1976), Richmond v. State (1976)
44 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 Commonwealth v. Campana · Commonwealth v. Campana · Collins v. Loisel · Russell v. Douthitt · Falkner v. Ferguson
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(d) If a prima facie case of the defendant’s guilt is not established at the preliminary hearing, and no application for continuance, supported by reasonable grounds, is made by an interested person, and no reason for a continuance otherwise appears, the issuing authority shall discharge the defendant; and if he finds that the prosecution was brought without probable cause, the issuing authority shall order affiant to pay the cost of the prosecution. No further proceedings may be had before any issuing authority on the same cause until the affiant in the original proceeding has repaid the costs. When a defendant has been discharged as herein provided and is thereafter arrested or summoned before an issuing authority on the same cause without the payment of costs by the original affiant, an issuing authority shall, upon application of the defendant and upon being satisfied that the subsequent proceeding is substantially on the same cause involved in the first action, by whatever name it may be called, discharge the defendant.” (Emphasis added.)”
1 later decision quote this exact passage“[a] preliminary hearing in our Commonwealth is not a trial and its purpose is not to decide guilt or innocence; but rather to determine whether a prima facie case has been made out which is legally sufficient to hold the accused for the grand jury.... Moreover, it is axiomatic that in order to prevail on a plea of double jeopardy the defendant must establish that he has already been placed in jeopardy.”
1 later decision quote this exact passage“‘[I]t is axiomatic that in order to prevail on a plea of double jeopardy, the defendant must establish that he has already been once placed in jeopardy. In a jury case, jeopardy does not attach until the jury has been empaneled and sworn; and in a non-jury case, jeopardy attaches when the accused has been subjected to a charge and the Court has begun to hear evidence.’”
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.