353 Pa. Super. 190 - Commonwealth v. Refile’s Empirical Analysis
1986
Citation profile
10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently September 2002
10 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. Forbes · Commonwealth v. Scoleri · 321 Pa. Super. 122 - Commonwealth v. Owens · 336 Pa. Super. 180 - Commonwealth v. West · Commonwealth v. Middleton
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Pa.R.Crim.P. 320 provides that “[a]t any time before sentence, the court may, in its discretion, permit or direct a plea of guilty to be withdrawn and a plea of not guilty substituted.” (Emphasis added.) Under this Rule, “ ‘[i]f the court finds “any just reason,” withdrawal of the plea should be freely permitted, unless the prosecution has been “substantially prejudiced.” ’ ” Commonwealth v. Middleton, 504 Pa. 352, 355 , 473 A.2d 1358, 1359 (1984), quoting Commonwealth v. Forbes. 450 Pa. 185, 191 , 299 A.2d 268, 271 (1973). A post-sentence motion to withdraw a plea pursuant to Pa.R.Crim.P. 321, on the other hand, will be granted only upon a showing of prejudice on the order of manifest injustice. Commonwealth v. Middleton, supra. Appellant does not dispute that his request to withdraw the plea of guilty was made after sentence had been imposed. He argues, however, that he should have been permitted to proceed under the pre-sentence standards of Rule 320 because he was not given an opportunity to withdraw his guilty plea prior to the imposition of sentence. Appellant has cited no authority for the principle, implicit in his argument, that one who enters a plea of guilty must be given a period of ten days within which to reconsider his plea of guilty and file a motion to withdraw the plea before he can be sentenced. Our own research, similarly, has disclosed no support for such a principle of law. Rule 320 does not contain a mandatory waiting period before the imposition of sen”
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.