256 Pa. Super. 128 - Commonwealth v. Legree’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Obviously, [Rule 1100(e)] only establishes when a new trial must commence; it does not attempt to define what constitutes an “old trial.” Under [defendant’s] interpretation of the rule, for which he cites no authority, a “new trial” can only occur when a previous trial went to a verdict which was overturned for one reason or another. We do not believe such a narrow interpretation of the scope of the rule is warranted. First, for the purpose of Rule 1100, [the original] trial had commenced [within 180 days of the filing of the complaint], and it is not logical to hold that a subsequent event which caused a mistrial eradicated the fact of the trial’s commencement as if it never existed. Second, the scheduling problems which follow the granting of a mistrial are not substantially greater than those which follow the granting of a new trial when no appeal is taken. Finally, applying Rule 1100(e)(1) to mistrial would not create the gaping loophole in Rule 1100 that the Supreme Court refused to afford to the use of nolle prosequis in Commonwealth v. Whitaker, 467 Pa. 436 , 359 A.2d 174 (1976). The principal difference is that, subject to the court’s approval, nolle prosequis may be voluntarily taken by the Commonwealth despite the defendant’s objection. Pa.R.Crim.P., Rule 314. That is not the case with mistrials which, on the contrary, may be granted only on defendant’s motion or on motion of court, despite the Commonwealth’s objection. Pa.R.Crim.P., Rule 1118. Furthermore, if the C”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Manley

2. “[w]hen a trial court has granted a new trial and no appeal has been perfected, the new trial shall commence within one hundred and twenty (120) days after the date of the order granting a new trial.”

   1 later decision quote this exact passage
   e.g. 290 Pa. Super. 148 - Commonwealth v. Bytheway

3. “only establishes when a new trial must commence; it does not attempt to define what constitutes an `old trial.'”

   1 later decision quote this exact passage
   e.g. 290 Pa. Super. 148 - Commonwealth v. Bytheway