313 Pa. Super. 138 - Commonwealth v. Smith’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he same act constitutes the basis for all three convictions. Consequently, we find that the three offenses merge. It is well-established that a conviction for indecent assault will merge with rape. However, for the most part, rape and involuntary deviate sexual intercourse will constitute separate offenses. In the present case only one act was committed, and it is this act which serves as the basis for both convictions. Under these circumstances we would find the two offenses merge.”

   1 later decision quote this exact passage
   e.g. 432 Pa. Super. 414 - Commonwealth v. Lee

2. “§ 3121. Rape A person commits a felony of the first degree when he engages in sexual intercourse with another person not his spouse: 1) by forcible compulsion; 2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; 3) who is unconscious; or 4) who is so mentally deranged or deficient that such person is incapable of consent.”

   1 later decision quote this exact passage
   e.g. 341 Pa. Super. 261 - Commonwealth v. White

3. ““not simply custody plus ‘questioning,’ as such, which calls for the Miranda safeguards, but custody plus police conduct ... calculated to, expected to, or likely to, evoke admissions.””

   1 later decision quote this exact passage
   e.g. 333 Pa. Super. 343 - Commonwealth v. Kersten