294 Pa. Super. 151 - Commonwealth v. Kern’s Empirical Analysis
1982
Citation profile
8
cited by 8 later decisions
1
states following
February 1995
most recently cited
8 state decisions
Relationships
Relies on North Carolina v. Pearce · Di Bella v. United States · Mahan v. Howell · Commonwealth v. Bolden · Commonwealth v. Silverman
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it is axiomatic that in order to prevail on a plea of double jeopardy the defendant must establish that he has already been once placed in jeopardy. In a jury case, jeopardy does not attach until the jury has been impaneled and sworn; and in a non-jury case, jeopardy attaches when the accused has been subjected to a charge and the court has begun to hear evidence. Commonwealth v. Smith, 232 Pa.Super. 546, 548-549 , 334 A.2d 741, 742 (1975). Consequently, where jeopardy has not attached ab initio, there can be no viable subsequent claim of double jeopardy.”
1 later decision quote this exact passage · from the majority
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.