297 Pa. Super. 350 - Commonwealth v. Koch’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) Defendant deviated from the standard of care established by the underlying vehicle code provision [or municipal ordinance]. (a) Defendant knew, or should have known, he engaged in the conduct claimed to be in violation of the underlying Vehicle Code provision [or municipal ordinance]. (2) A death occurred. (b) The death was, at the very least, a probable consequence of the defendant’s violation of the underlying Vehicle Code provision [or municipal ordinance].” Koch, supra, 297 Pa. Superior Ct. at 356 , 443 A.2d at 1160 .”

   4 later decisions quote this exact passage
   e.g. 303 Pa. Super. 482 - Commonwealth v. Setsodi · 307 Pa. Super. 191 - Commonwealth v. Richardson

2. ““Any person who unintentionally causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic is guilty of homicide by vehicle, a misdemeanor of the first degree, when the violation is the cause of death.” 75 Pa. C.S.A. Section 3732.”

   3 later decisions quote this exact passage
   e.g. 303 Pa. Super. 482 - Commonwealth v. Setsodi · 298 Pa. Super. 499 - Commonwealth v. King

3. ““This legislative ‘expansion’ was accomplished not by the elimination of any of the elements of the crime of involuntary manslaughter, but by a relaxation of the degree of proof of two existing elements: culpable conduct and causation. The crime of involuntary manslaughter, as charged here, requires proof that the actor engaged in the Vehicle Code violation in a ‘reckless or grossly negligent manner,’ and that the death was caused ‘as a direct result.’ 18 Pa. C.S. Section 2504. See Commonwealth v. Clowser, 212 Pa.Super. 208 , 239 A.2d 870 (1968). By contrast, under the crime of homicide by vehicle, it must be shown only that the actor ‘knew or should have known,’ that he engaged in the conduct claimed to be in violation of the Vehicle Code, and that, at the very least, death was a ‘probable consequence’ of the conduct. Commonwealth v. Field, 490 Pa. at 525 , 417 A.2d at 163 . These relaxed degrees of culpable conduct and causation set forth in the crime of homicide by vehicle are necessarily established by proof of more strigent counterparts contained in the crime of involuntary manslaughter.” Koch, supra, 297 Pa.Super. at 357 , 443 A.2d at 1160-61 .”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Commonwealth v. Heck · 303 Pa. Super. 482 - Commonwealth v. Setsodi