298 Pa. Super. 236 - Commonwealth v. Fairley’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To begin with, the rule does not delimit a time period in which the petition must be acted upon by the court. However, we have examined speedy trial claims under Rule 1100 where the court delayed a hearing until after the period had run and commented that “[W]e can ... imagine situations in which prejudice to the defendant would result from such a practice.” Commonwealth v. Metzger, 249 Pa.Super. [107] at 110 n. 2, 375 A.2d [781] at 783 n. 2. Thus, in order to prevent the risk of prejudice, “ ‘the lower court should make every effort to dispose of the Commonwealth’s petition prior to the expiration of the prescribed period. Any delay past this period must be limited and will possibly be subject to explanation. Such procedure is mandated by the necessity that all concerned be aware of the status of the case. To require otherwise is unfair to the court, the accused, and the people.’ ” Commonwealth v. Simon, 283 Pa.Super. 203, 206 , 423 A.2d 1060, 1061 (1981) (quoting Commonwealth v. Ray, 240 Pa.Super. 33 , 360 A.2d 925 (1976)). While the record in the instant case does not disclose why the Commonwealth’s petition was scheduled to be heard seven weeks after the run date, appellant does not allege, nor does the record reveal that he was prejudiced by the court’s action. Therefore, under these circumstances, this Court need not inquire further into the reasons for the delay.”

   1 later decision quote this exact passage
   e.g. 310 Pa. Super. 501 - Commonwealth v. Williams