339 Pa. Super. 8 - Commonwealth v. McCutcheon’s Empirical Analysis
1985
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently February 2019
17 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. Shelton · Commonwealth v. Lamonna · Commonwealth v. Polsky · 317 Pa. Super. 412 - Commonwealth v. Colon · 305 Pa. Super. 340 - Commonwealth v. Wroten
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“So far as appears, the Commonwealth had no system to assure that cases held for court, especially those in which the Commonwealth attorney was not present at the preliminary hearing, were properly processed. Such a failure in recordkeeping “precludes a finding of due dil igence.” Commonwealth v. Metzger, 249 Pa.Super. 107, 113, n. 4 , 375 A.2d 781, 784, n. 4 (1977) (citations omitted). Although the standard of due diligence does not require the Commonwealth to exercise every conceivable effort, it does require the Commonwealth to make reasonable efforts. Commonwealth v. Polsky, 493 Pa. 402 , 426 A.2d 610 (1981); Commonwealth v. Colon, 317 Pa.Super. 412 , 464 A.2d 388 (1983). Here the record is devoid of evidence of any effort to follow cases in which a preliminary hearing has been held where a Commonwealth attorney is not present and the defendant is bound over for court____”
1 later decision quote this exact passage“the burden of seeing that trial is commenced rests on the Commonwealth, not the defendant.”
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.