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← 267 Pa. Super. 530 - Commonwealth v. Brown

267 Pa. Super. 530 - Commonwealth v. Brown’s Empirical Analysis

1979

Citation profile

12
cited by 12 later decisions
1
states following
February 1985
most recently cited

12 state decisions

Relationships

Relies on Henry v. Mississippi · Commonwealth v. Blair · Commonwealth v. Cohen · Commonwealth v. Moore · United States v. Jackson

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

  1. “The “missing witness” rule as it is often called, holds generally that “when a potential witness is available to only one of the parties to a trial, and it appears this witness has special information material to the issue, and this person’s testimony would not merely be cumulative, then if such party does not produce the testimony of this witness, the jury may draw an inference that it would have been unfavorable.” Commonwealth v. Moore, 453 Pa. 302, 305 , 309 A.2d 569, 570 (1973). The rule does not apply if “the Commonwealth adequately explains its inability to produce the witness ... or establishes other reasons why the witness need not or should not be called.” Commonwealth v. Paull, 250 Pa.Super. 416, 420 , 378 A.2d 1006, 1007 (1977).”
    2 later decisions 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.