237 Pa. Super. 369 - Commonwealth v. Barron’s Empirical Analysis
1975
Citation profile
20 state decisions
How this case has been cited
Cited by 23 later decisions — most recently October 1999
20 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 Molinaro v. New Jersey · Smith v. United States · Selma and Meridian Railroad Company v. Louisiana National Bank of New Orleans · Commonwealth v. Galloway · United States v. Swigart
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No persuasive reason exists why this Court should proceed to adjudicate the merits of a criminal case after the convicted defendant who has sought review escapes from the restraints placed upon him pursuant to the commission. While such an escape does not strip the case of its character as an adjudicable case for controversy, we believe it disentitles the defendant to call upon the resources of the Court for determination of his claims. Molinaro v. New Jersey, 396 U.S. 365, 366 , 90 S.Ct. 498, 498-99 , 24 L.Ed.2d 586, 587-88 (1970). It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render. In this case it is admitted that the plaintiff in error has escaped, and is not within the control of the court below, either actually, by being in custody, or constructively, by being out on bail. If we affirm the judgment, he is not likely to appear to submit to his sentence. If we reverse it and order a new trial, he will appear or not, as he may consider most for his interest. Under such circumstances, we are not inclined to hear and decide what may prove to be only a moot case. Smith v. United States, 94 U.S. at 97 , 24 L.Ed. 32 (1876).”
1 later decision quote this exact passage“The rationale behind dismissal of an appeal while a convicted defendant is a fugitive from justice rests upon the inherent discretion of any court to refuse to hear the claim of a litigant who, by escaping, has placed himself beyond the jurisdiction and control of the court, and hence, might not be responsive to the judgment of the court. See Smith v. United States, 94 U.S. 97 , 24 L.Ed. 32 (1876); Ruetz v. Lash, 500 F.2d 1225 (7th Cir.1974); United States v. Swigart, 490 F.2d 914 (10th Cir.1973); Johnson v. Laird, 432 F.2d 77 (9th Cir.1970). Id., 460 Pa. at 311-312 , 333 A.2d at 743 .”
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.