349 Pa. Super. 89 - Commonwealth v. Kostra’s Empirical Analysis
1985
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently January 2006 · most notably 358 Pa. Super. 531 - Commonwealth v. Slingerland (1986), State v. Patterson (2006)
32 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. Paquette · Commonwealth v. Wright · Commonwealth v. Ilgenfritz · Commonwealth v. Harris · Commonwealth v. Coleman
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is correct, as appellant argues, that the Commonwealth must prove beyond a reasonable doubt each and every element of the offense, including a causal connection between death and the wrongful act. See: Commonwealth v. Floyd, 499 Pa. 316, 317 , 453 A.2d 326, 327 (1982); Commonwealth v. Green, 477 Pa. 170, 174 , 383 A.2d 877, 879 (1978). The Commonwealth must prove “beyond a reasonable doubt that [the] death occurred as a result of injuries received in the incident or of a chain of events stemming from the incident.” Commonwealth v. Baker, 299 Pa.Super. 241, 247 , 445 A.2d 544, 547 (1982). Causation is an issue of fact for the jury. Commonwealth v. Hicks, [supra 466 Pa. at 504 , 353 A.2d at 805 .] “A defendant’s actions are the legal cause of death if they are a direct and substantial factor in bringing it about.” Commonwealth v. Paquette, 451 Pa. 250, 254 , 301 A.2d 837, 839 (1973). “So long as a defendant’s actions are a direct and substantial factor in bringing about death, legal responsibility may be found.” Commonwealth v. Matthews, 480 Pa. 33, 37 , 389 A.2d 71, 73 (1978). A defendant cannot escape legal liability for homicide if his act starts an unbroken chain of causation which leads to death. See: Commonwealth v. Robinson, 468 Pa. 575, 584 , 364 A.2d 665, 670 (1976); Commonwealth v. Stafford, 451 Pa. 95, 100 , 301 A.2d 600, 604 (1973).”
2 later decisions quote this exact passage“An extension is proper if the trial court finds that, despite the exercise of due diligence by the Commonwealth, trial could not be commenced within the prescribed period. Rule 1100(c)(3); Commonwealth v. Bulling, [ 331 Pa.Super. 84, 90 , 480 A.2d 254, 257 (1984) ]. “It is well settled that the illness of a Commonwealth witness may be a proper basis upon which to grant a Rule 1100 extension as the Commonwealth should not be penalized for events and circumstances which are wholly beyond its control.” Id., 331 Pa.Superior Ct. at 96, 480 A.2d at 260 . “So long as the witness’ unavailability is through no fault of the Commonwealth, a finding of due diligence is warranted and an extension is proper.” Commonwealth v. Lafty, [ 333 Pa.Super. 428, 436 , 482 A.2d 643, 647 (1984) ].”
1 later decision quote this exact passage · from the majority“common knowledge that the [percent] of blood alcohol is not static but varies according to the time elapsing after initial ingestion.”
1 later decision quote this exact passage · from the majority
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.