232 Pa. Super. 6 - Commonwealth v. Weber’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is true, as asserted by appellant, that a pre-trial photo-array can be so suggestive as to violate due process. Simmons v. United States, 390 U.S. 377 , 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1968); cf. Stovall v. Denno, 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 (1967). Therefore, it would be error to admit any evidence tainted by the procedure. United States v. Wade, 388 U.S. 218, 241 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967) citing Wong Sun v. United States, 371 U.S. 471 , 83 S. Ct. 407 , 9 L.Ed.2d 441 (1963). Where the pretrial procedure is infirm, however, the Commonwealth may still prove the existence of an independent basis for the in-court identification. Wade, supra; Commonwealth v. Spencer, 442 Pa. 328 , 275 A.2d 299 (1971)."”

   1 later decision quote this exact passage
   e.g. 245 Pa. Super. 376 - Commonwealth v. Holz