245 Pa. Super. 351 - Commonwealth v. Kelly’s Empirical Analysis
1976
Citation profile
40 state decisions
How this case has been cited
Cited by 40 later decisions — most recently January 2011 · most notably 377 Pa. Super. 391 - Seger v. Seger (1988), In Re Estate of Indyk (1979)
40 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 Garrity v. State of New Jersey · Dennis v. United States · United States v. Mandujano · Commonwealth v. Stoltzfus · Commonwealth v. Triplett
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) General Rule. — A record of an act, condition or event shall, insofar as relevant, be competent evidence if the custodian or otherwise qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business at or near the time of the act, condition or event, and if, in the opinion of the tribunal, the sources of information, method and time of preparation were such as to justify its admission.”
2 later decisions quote this exact passage“While we have stated that when a timely request is made for a pre-trial statement of a Commonwealth witness, the judge has a duty to review that statement, and make available to the defendant the relevant portions of that statement, Commonwealth v. Robinson, 229 Pa.Super. 131 , 324 A.2d 441 , allocatur refused, 229 Pa.Super. xxxv (1974), this is indeed a far cry from saying that an accused is entitled to any and all prior statements a prosecution witness may have made, regardless of whether or not it involved the accused’s case, or some unrelated case. Commonwealth v. Kelly, 245 Pa.Super. 351, 358 , 369 A.2d 438, 442 (1976); accord, Commonwealth v. Columbia Investment Corp., 457 Pa. 353 , 325 A.2d 289 (1974); Commonwealth v. Hustler, 243 Pa.Super. 200 , 364 A.2d 940 (1976); but see Commonwealth v. Grayson, supra.”
1 later decision quote this exact passage““In order for the trial judge to properly overrule a demurrer following the close of the prosecution’s case, the Commonwealth’s evidence, together with all reasonable inferences therefrom, must be sufficient to support a jury finding of guilt beyond a reasonable doubt.” Commonwealth v. Kelly, 245 Pa.Super. 351, 369 , 369 A.2d 438, 447-48 (1976).”
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.