339 Pa. Super. 32 - Commonwealth v. Hernandez’s Empirical Analysis
1985
Citation profile
95 state decisions
How this case has been cited
Cited by 97 later decisions — most recently March 2009 · most notably Commonwealth v. Comer (1998), Forte v. State (1986)
95 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 Wolff v. McDonnell · Gregg v. Georgia · Trop v. Dulles · Local 408, International Brotherhood of Teamsters v. National Labor Relations Board · Commonwealth v. Zettlemoyer
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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The problems caused by drunk drivers in our Commonwealth is well documented. See, Governor’s DUI Task Force Report (October 14, 1982, Harrisburg). We cannot say that an obligatory prison term under 75 Pa.C.S. §§ 3731 or 3735 lacks a rational relationship to the public policy, voiced by our legislature, of reducing the number of fatalities, injuries, and accidents caused by drunk drivers. ... We find that due process of law is not violated when courts accede to legislative authority to frame a coherent statutory scheme for the administration of sentencing for certain criminal offenses. The mandatory sentencing provisions, designed by the legislature to protect human life and property, represent sound public policy, are reasonably related to the ends sought to be accomplished, and are not constitutionally impermissible.”
1 later decision quote this exact passage““[There is a] strong presumption of constitutionality and the heavy burden of pursuasion (sic) upon one who challenges the constitutionality of an Act of the General Assembly. Snider v. Thornburgh, 496 Pa. 159, 166 , 436 A.2d 593, 596 (1981); Commonwealth v. Barnes and Tucker Co., 472 Pa. 115, 123 , 371 A.2d 461, 468 (1977), appeal dismissed, 434 U.S. 807 , 98 S.Ct. 38 , 54 L.Ed.2d 65 (1977). Accordingly legislation will not be declared unconstitutional unless it ‘clearly, palpably and plainly’ violates the constitution. Snider v. Thorn-burgh, supra; Tosto v. Pennsylvania Nursing Home Loan Agency, 460 Pa. 1, 16 , 331 A.2d 198, 203 (1975). Commonwealth v. Mikulan, 504 Pa. 244, 247 , 470 A.2d 1339, 1340 (1983).” Id. at 37-38, 488 A.2d at 296.”
1 later decision quote this exact passage“... Under the Rules of Criminal Procedure, there is no right in the district justice to change any of the charges. At the preliminary hearing, the district justice’s job is merely to determine the existence or non-existence of a prima facie case. 9 We see no conflict between these two alternatives available to the district justice and the provision of section 3731(f). The New Law does not prohibit the district justice from dismissing the case if a prima facie case is not established; it simply prohibits reduction or modification of the original charges. While one could view a dismissal of the charges as the ultimate reduction, we do not think that the legislature intended such an interpretation.”
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.