361 Pa. Super. 325 - Commonwealth v. Schimelfenig’s Empirical Analysis
1987
Citation profile
35 state decisions
How this case has been cited
Cited by 35 later decisions — most recently December 2003 · most notably Commonwealth v. Revtai (1987), Commonwealth v. Anders (1999)
35 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. Mason · 282 Pa. Super. 100 - Commonwealth v. Bidner · 266 Pa. Super. 276 - Commonwealth Ex Rel. Platt v. Platt · EZ Parks, Inc. v. Larson · Commonwealth v. Hailey
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] defendant shall not be charged nor shall a case be dismissed because a defect in form or content of a complaint, summons, or warrant, or a defect in the procedures of this Chapter, unless the defendant raises the defect before the conclusion of the preliminary hearing and the defect is prejudicial to the rights of the defendant.”
4 later decisions quote this exact passage“(d) When a defendant is released pursuant to paragraphs (b) or (c), a complaint shall be filed against the defendant within five (5) days of the defendant’s release. Thereafter, a summons, not a warrant of arrest, shall be issued and the case shall proceed as provided in Rule 110.”
2 later decisions quote this exact passage““being dismissed for minor, technical failures to comply with the procedures for the institution and conduct of proceedings before the minor judiciary, as set forth in Chapters 50 and 100 of the Rules. The Committee realized that this probably occurs because present Rule 150 does not specifically refer to the effect or consequences of non-compliance with or defects in the procedures____ It was agreed that specific language addressing procedural defects would make Rule 150 clearer and would thereby avoid improper case dismissals. “The Committee’s research revealed that the appellate courts have held that non-compliance with procedural requirements is also not grounds for dismissal unless the non-compliance actually prejudices the rights of the defendant. See, e.g., Commonwealth v. Riley, 260 Pa.Super. 280 , 393 A.2d 1263 (1978). The Committee also recognized that non-compliance with the procedures of Chapters 50 or 100 creates no greater danger of a denial of due process than do defects in the form of the charging or process documents. The Committee agreed, therefore, that the same prejudice standard for dismissal should apply to both defects in form and non-compliance with procedures. “The Committee also recommends that the Rule 150 title and the paragraph (a) caption be amended to refer to procedural defects.”
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.