289 Pa. Super. 278 - Commonwealth v. Fortune’s Empirical Analysis
1981
Citation profile
21
cited by 21 later decisions
1
states following
July 1986
most recently cited
21 state decisions
Relationships
Relies on Mapp v. Ohio · Neil v. Biggers · Commonwealth v. Hubbard · Commonwealth v. Blair · Commonwealth v. Williams
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Q. Mr. Fortune, how old are you? A. 43. Q. And do you read and writ and understand the English language? A. Fairly well. Q. Do you understand the nature of the charges against you today? A. Some. Q. You understand you are charged with rape, forcible rape of the young girl? Do you understand that? A. Yes. Q. You understand that you have a right to a trial by jury on those charges? A. Yes. Q. And that you would help with your attorney as well as the District Attorney select 12 people that would sit as that jury and all 12 of those people must be convinced beyond a reasonable doubt that you are guilty, before you could be found guilty. Do you understand that? A. Yes, sir. Q. Do you understand if one person of that 12 do not feel you were proven guilty beyond a reasonable doubt, you could not be found guilty by that jury? A. Yes, sir. Q. You also have a right to waive a trial by jury and have his Honor hear the case without a jury and his Honor must be satisfied that you are guilty beyond a reasonable doubt. How is it you wish to be tried, with a Judge with a jury, or with the Judge without a jury? A. Without a jury. Q. By the Judge without a jury? A. Yes. Q. Has anybody threatened you or forced you or promised you anything to get you to give up your right to a jury trial? A. No, sir. Q. Are you under the influence of any alcohol or narcotic drug at this time? A. No, sir.” (Emphasis added) Id., 289 Pa.Super. at 281-82, 433 A.2d at 66-67 .”
2 later decisions quote this exact passage“Nothing in the Williams decision indicates that the precise language used in Williams must be read to the accused as long as the “essential ingredients” of a jury trial are explained to an accused.”
2 later decisions quote this exact passage · from the concurrence“[B]asic to the concept of a jury trial, are the requirements that the jury be chosen from members of the community (a jury of one’s peers), that the verdict be unanimous, and that the accused be allowed to participate in the selection of the jury panel.”
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.