368 Pa. Super. 488 - Commonwealth v. Conway’s Empirical Analysis

Citation profile

49 state decisions

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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Mr. Conway] was required to give more than physical evidence when he demonstrated his physical coordination on the sobriety tests. The test procedure was structured so that [Mr. Conway] was compelled to reveal his thought processes by asking for clarification of some of the officer’s instructions, and his statements in response thereto manifest his confusion. Because confusion is arguably a sign of intoxication, [Mr. Conway] was forced to incriminate himself by ‘communicating’ his confusion while performing the tests____ That [Mr. Conway’s] statements are communicative cannot be questioned in light of our conclusion that Mr. Bruder’s recitation of the alphabet was communicative. Mr. Bruder was told by the police exactly what to say while the content of [Mr, Conway’s] statements was more within his volitional control. By seeking clarification of the police officer’s instructions, [Mr. Conway] expressed his thought processes far more than did Mr. Bruder in his recitation. There is a greater communicative or testimonial aspect in [Mr. Conway’s] statements than in Mr. Bruder’s recitation.”

   3 later decisions quote this exact passage
   e.g. 377 Pa. Super. 598 - Commonwealth v. Thompson · 377 Pa. Super. 382 - Commonwealth v. Muniz

2. “However, not all relevant evidence is admissible, and a trial court may exercise its discretion to exclude relevant evidence that ‘may confuse, mislead or prejudice the jury,’ Id. 324 Pa.Super. at 15 , 471 A.2d at 100 . (citations omitted). Of course, most of the evidence offered by the prosecution in a criminal case will prejudice the defen dant. Commonwealth v. Dollman, 355 Pa.Super. 108, 114 , 512 A.2d 1234, 1237 (1986) (citations omitted). The inquiry therefore is whether the evidence is so prejudicial that it ‘may inflame’ the jury to make a decision based upon ‘something other than the legal propositions relevant to the case.’ Commonwealth v. Shain, 324 Pa.Super. 456, 464 , 471 A.2d 1246, 1249 (1984); (citation omitted). A piece of evidence is of essential evidentiary value if the need for it clearly outweighs the likelihood of it inflaming the minds and passions of the jurors. (citation omitted). Because rulings on the admission of evidence rest within the sound discretion of the trial court, we will not reverse the trial court’s decision absent a manifest abuse of discretion. Commonwealth v. Lumpkins, supra 324 Pa.Super. at 15, 471 A.2d at 100 .””

   1 later decision quote this exact passage
   e.g. 407 Pa. Super. 201 - Commonwealth v. Enders

3. “[T]he Commonwealth must prove that Mr. Conway was ‘operating a motor vehicle ... while under the influence of alcohol to a degree which rendered him incapable of safe driving.’ The audio portion of the tape does not possess essential evidentiary value in relation to the Commonwealth’s burden. The jury’s primary inquiry is to determine whether the faculties that were essential to enable Mr. Conway to operate an automobile safely were substantially impaired by alcohol. Mr. Conway’s physical state has an arguably higher correlation to his ability to operate an automobile safely than does his ability to understand the instructions given to him by the officer. The video portion of the tape allows the jury to view Mr. Conway’s physical state. In addition to being able to watch Mr. Conway’s performance on the sobriety tests, which is perhaps the best indicator of Mr. Conway’s possible physical impairment due to alcohol, they will see his bloodshot eyes and his generally disheveled appearance.”

   1 later decision quote this exact passage
   e.g. 2001 Pa. Super. 7 - Commonwealth v. Weaver