264 Pa. Super. 199 - Commonwealth v. Billig’s Empirical Analysis

Citation profile

2 federal appellate · 4 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ordinarily a witness’ prior statement is not admissible to corroborate or substantiate present testimony. However, as an exception to the hearsay rule it is admissible as a prior consonant statement if it is alleged the present testimony is recently fabricated or that the witness is testifying from corrupt motives. Commonwealth v. Ravenell, 448 Pa. 162, 169 , 292 A.2d 365 (1972). It is admissible not as to the truth of the stated facts, but solely to bolster credibility. Commonwealth v. Martin, 124 Pa.Super. 293 , 188 A.2d 407 (1936). The prior consonant rule is not only applicable to statements, but to identification testimony as well. Commonwealth v. Westwood, 324 Pa. 289, 306 , 188 A. 304, 311 (1936). The testimony of the detective as to the acts of identification by the witnesses at the photo array is, we think, ‘on a parity . . . with any purely verbal statements.’ See McCormick on Evidence 2nd Ed. 596. Therefore at least as to the three witnesses who had not been cross-examined as to the prior photo-identification, the admission of the detective’s testimony was error.””

   2 later decisions quote this exact passage
   e.g. 374 Pa. Super. 160 - Commonwealth v. Knapp · 286 Pa. Super. 161 - Commonwealth v. Silvers