382 Pa. Super. 59 - Commonwealth v. Swavely’s Empirical Analysis
1989
Citation profile
5 federal appellate · 17 state decisions
How this case has been cited
Cited by 26 later decisions — most recently September 2023 · most notably 413 Pa. Super. 235 - Commonwealth v. Eicher (1992), 396 Pa. Super. 92 - Commonwealth v. Thomas (1990)
5 federal appellate · 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 Blockburger v. United States · North Carolina v. Pearce · Missouri v. Hunter · Whalen v. United States · Illinois v. Vitale
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An example of two crimes arising from the same transaction constituting the same offense is possession, 35 Pa.C.S.A. § 780-113(a)(16), and possession with intent to deliver, 35 Pa.C.S.A. § 780-113(a)(30). The proof necessary to convict a defendant of possession with intent to deliver includes proving all of the elements of possession. Thus, possession is a lesser included offense of possession with intent to deliver and the former merges with the latter for sentencing purposes.”
1 later decision quote this exact passage“[I]n order to find appellant guilty of count six, delivery of a Schedule IV controlled substance, [Drug 1], the jury had to conclude that there was a transfer of [Drug 1] from appellant to another person. Thus, delivery of [Drug 1] is not a lesser offense to be included within the offense of delivery of [Drug 2]. Each offense includes an element distinctive of the other, ie. the particular controlled substance.”
1 later decision quote this exact passage“(f) Any person who violates clause ... (30) of subsection (a) with respect to: (1) A controlled substance or counterfeit substance classified in Schedule I or II which is a narcotic drug, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years”
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.