264 Pa. Super. 307 - Commonwealth v. Zimmerman’s Empirical Analysis
1979
Citation profile
6
cited by 6 later decisions
1
states following
January 1986
most recently cited
6 state decisions
Relationships
Relies on Commonwealth Ex Rel. Washington v. Maroney · Commonwealth v. Haideman · Commonwealth v. Maloney · Commonwealth v. Hamm · Commonwealth v. Greco
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he test of the sufficiency of the weight of the evidence is whether, accepting as true all the Commonwealth’s evidence and all reasonable inferences therefrom, the evidence is sufficient to prove beyond a reasonable doubt that defendant was guilty of the crimes charged. Commonwealth v. Hamm, 474 Pa. 487 , 378 A.2d 1219 (1977). Appellant argues that (the victim’s) testimony was so fraught with inconsistencies and so inherently unbelievable that the lower court judge erred in finding her testimony more credible than appellant’s. Although there were inconsistencies in (the victim’s) testimony, the trial judge, sitting without a jury, was arbiter of the credibility of the witnesses. Commonwealth v. Tillery, 457 Pa. 466 , 326 A.2d 329 (1974). It is also the function of the fact finder to determine the weight that is to be given to the evidence. Commonwealth v. Rambo, 250 Pa.Super. 314 , 378 A.2d 953 (1977). On appellate review, it is not our function to weigh the evidence and substitute our judgment but to determine whether the verdict is supported by the evidence or if the lower court committed an error of law or abused its discretion by refusing to grant a new trial. Commonwealth v. Warlow, 237 Pa.Super. 120 , 346 A.2d 826 (1975). It is only in these latter instances that we will overturn a conviction for insufficient evidence. Commonwealth v. Dolny, 235 Pa.Super. 241 , 342 A.2d 399 (1975). Commonwealth v. Zimmerman, 264 Pa.Super. 307 , 399 A.2d 1064 (1979).”
1 later decision quote this exact passage“However, even if error was committed, the appellate court must examine counsel’s basis for not objecting because failure to object does not necessarily constitute ineffectiveness. Commonwealth v. Zimmerman, 264 Pa.Superior Ct. 307, 312, 399 A.2d 1064, 1067 (1979).”
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.