305 Pa. Super. 158 - Commonwealth v. Thomas’s Empirical Analysis
1982
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently January 2014
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Commonwealth v. Little · 288 Pa. Super. 290 - Commonwealth v. Koch · Commonwealth v. Bubnis · Commonwealth Ex Rel. Chatary v. Nailon · Commonwealth v. Mull
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We need not now determine the effect, if any, of appellant’s failure to argue the failure of the trial court to conduct a Rule 1123 colloquy. That question remains undecided here, as it did in Commonwealth v. Koch, 288 Pa.Superior Ct. 290, 431 A.2d 1052 (1981). As we stated there: In the past, there has been some question with regard to this Court’s sua sponte review of the record to determine whether the lower court complied with Rule 1123(c). Several cases have held that the absence of a specific allegation by appellant that his waiver was unintelligent or involuntary precludes an independent review of the record. Commonwealth v. Tegano, 265 Pa.Super. 453 , 402 A.2d 526 (1979); Commonwealth v. Smith, 258 Pa.Super. 148 , 392 A.2d 727 (1978) ; Commonwealth v. Harmon, 267 Pa.Super. 224 , 406 A.2d 775 (1979) . However, another line of decisions mitigates the harshness of the automatic waiver rule by reasoning that if the record is devoid of an 1123 colloquy by the lower court then appellant cannot be found to have knowingly waived his rights thereunder. Commonwealth v. Johnson, 258 Pa.Super. 214 , 392 A.2d 760 (1978); Commonwealth v. Steffish, 243 Pa.Super. 309 , 365 A.2d 865 (1976).”
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.