264 Pa. Super. 206 - Commonwealth v. Brennan’s Empirical Analysis
1979
Citation profile
17 state decisions
Relationships
Relies on Commonwealth v. Whitaker · Commonwealth v. Mumich · 255 Pa. Super. 305 - Commonwealth v. Weitkamp · 253 Pa. Super. 447 - Commonwealth v. Braithwaite · 256 Pa. Super. 488 - Commonwealth v. Garbett
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Proper dismissal’ we understand to mean that proceedings on the charges contained in the complaint were dismissed by a competent magisterial or judicial authority who committed no error of law in doing so. . . . This would include, we think, dismissal for failure to make out a prima facie case.” Id. at 210, 399 A.2d at 741 , citing to Braithwaite, supra; M. Marshall and J. Reiter, A Trial Court Working with Rule 1100, 23 Vill. L. Rev. 284 , 293 n.71 and accompanying text.”
3 later decisions quote this exact passage · from the majority““The Supreme Court stated in Whitaker that a ‘nolle prosequi is the voluntary withdrawal by the prosecuting attorney of present proceedings on a particular bill of indictment,’ 467 Pa. at 442 , 359 A.2d at 177 . Pa.R. Crim.P. 151 provides for a similar procedure before a district justice, and we see no reason not to apply the principles of Whitaker to this situation, if the first complaint was in fact withdrawn.” Id. at 209 n.2, 399 A.2d at 740 n.2.”
1 later decision quote this exact passage · from the concurrence““The prompt trial period would attach from the date of the second complaint only if (1) the first complaint was properly dismissed and (2) the record fails to reflect an improper prosecutorial design to circumvent the mandate of Rule 1100.” Id. at 209-210 , 399 A.2d at 740 , citing to Braithwaite, supra at 450 , 385 A.2d at 424-25 .”
1 later decision quote this exact passage · from the majority
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.