276 Pa. Super. 518 - Commonwealth v. Keaton’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Subsequent to an illegal arrest or a suggestive out-of-court identification, an in-court identification is admissible if, considering the totality of the circumstances, it is determined that the in-court identification had an independent origin sufficiently distinguishable from the impermissible pre-trial encounter so as to be purged of any taint of that initial illegality ____ Such an independent basis need not be established by the Commonwealth beyond a reasonable doubt, but only by the existence of clear and convincing evidence.”

   1 later decision quote this exact passage · from the majority
   e.g. 310 Pa. Super. 301 - Commonwealth v. Zabala

2. “A trial judge need not include in his instructions to the jury a principle of law that bears no relationship to the issues in the case, or that is inconsistent with either party’s position. Certainly, the Commonwealth’s position was that appellant was far more than merely present at the scene____ Appellant’s position was that he was not present at all____ Therefore, there was no reasonable basis, in fact, for inclusion of a charge on ‘mere presence’.”

   1 later decision quote this exact passage · from the majority
   e.g. 358 Pa. Super. 562 - Commonwealth v. Mason