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← 321 Pa. Super. 457 - Commonwealth v. Sample

321 Pa. Super. 457 - Commonwealth v. Sample’s Empirical Analysis

1983

Citation profile

56
cited by 56 later decisions
1
states following
April 2014
most recently cited

54 state decisions

How this case has been cited

Cited by 56 later decisions — most recently April 2014 · most notably 324 Pa. Super. 420 - Commonwealth v. Taylor (1984), Commonwealth v. Whitney (1986)

54 state decisions

2601983199020002010decided

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 Simmons v. United States · Manson v. Brathwaite · Flick v. United States · Commonwealth v. Rose · Commonwealth v. Robson

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

  1. “Sufficiency of the evidence and weight of the evidence are discrete inquiries____ In reviewing the sufficiency of the evidence, we must view the evidence presented and all reasonable inferences taken therefrom in the light most favorable to the Commonwealth, as verdict winner. The test is whether the evidence, thus viewed, is sufficient to prove guilt beyond a reasonable doubt____ A motion for new trial on grounds that the verdict is contrary to the weight of the evidence concedes that there is sufficient evidence to sustain the verdict but contends, nevertheless, that the verdict is against the weight of the evidence. Whether a new trial should be granted on grounds that the verdict is against the weight of the evidence is addressed to the sound discretion of the trial judge, and his decision will not be reversed on appeal unless there has been an abuse of discretion____ The test is not whether the court would have decided the case in the same way but whether the verdict is so contrary to the evidence as to make the award of a new trial imperative so that right may be given another opportunity to prevail.”
    1 later decision quote this exact passage
  2. “Suggestiveness in the identification process is a factor to be considered in determining the admissibility of such evidence, but “suggestiveness alone does not warrant exclusion.” A pretrial identification will not be suppressed as violative of due process rights unless the facts demonstrate that the identification procedure was so infected by suggestiveness “as to give rise to a substantial likelihood of irreparable misidentifieation.””
    1 later decision quote this exact passage
  3. “... the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation. Against these factors is to be weighed the corrupting effect of the suggestive identification itself.”
    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.