265 Pa. Super. 315 - Commonwealth v. Jonnet’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Traffic Offenses (Other than Parking) (b) A citation (rather than a complaint) shall be filed with an issuing authority by a police officer when the offense charged is a violation of a traffic ordinance or is a summary offense under the Vehicle Code, when the police officer is not in uniform, or when it is not feasible for him to issue a citation to the defendant, or when evidence is discovered after the issuance of a citation which gives rise to additional summary charges against the defendant resulting from the same incident. The issuing authority shall thereupon issue a summons and not a warrant of arrest except as provided in Section B(3) of this Rule. Thereafter, the case shall proceed as provided in Rules 57 and 59.”

   4 later decisions quote this exact passage
   e.g. 304 Pa. Super. 268 - Commonwealth v. Ardolino · 363 Pa. Super. 173 - Commonwealth v. Fischl

2. “Defects in Complaint, Citation, Summons or Warrant (a) Informal Defects: No person arrested under a warrant or appearing in response to a summons or citation shall be discharged from custody nor shall any case be dismissed because of any informal defects in the complaint, citation, summons, or warrant, but the complaint, citation, summons or warrant, may be amended at any time so as to remedy any such informality. (b) Substantive Defects: If a complaint, citation, summons or warrant contains a substantive defect, the defendant shall be discharged unless he waives the defect. Nothing in this rule shall prevent the filing of a new complaint or citation and the issuance of process in which the defect is corrected in a proper manner.”

   2 later decisions quote this exact passage
   e.g. 278 Pa. Super. 39 - Commonwealth v. Thomas · 359 Pa. Super. 230 - Commonwealth v. Glassman

3. ““It has been held that summary proceedings, being in derogation of the common law, will require strict adherence to the law creating them. Graver v. Fehr, 89 Pa. 460 (1879). It has been stated that procedural rules "are not to be exalted to the status of substantive objectives.” McKay v. Beatty, 348 Pa. 286 -87, 35 A.2d 264 (1944). Viewing Rule 51, we believe that it provides for the very substance of the manner in which one who has offended the “Vehicle Code" may be cited, and a summary proceeding begun. Thus we hold that the Rule must be strictly construed. Rule 51, even when read together with the rules following it in "Chapter 50-Summary Cases," does not allow the sending of a copy of the citation in the situation where it has been filed by the police officer with the issuing authority. The proper-and only-procedure to follow after the initial institution of the summary proceeding is that the issuing authority shall issue a summons. We will not look for less than strict compliance with Rule 51. See the “Comment" to Rule 51 which reiterates and details the procedures commensurate with the rule and the purpose of it. Shelton, supra, 260 Pa.Superior Ct. at 85, 393 A.2d at 1024 .”

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