392 Pa. Super. 331 - Commonwealth v. Patterson’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[O]ur legislature did not intend a per se privilege for any communication to a clergym[a]n based on his status. We therefore look to the circumstances to determine whether appellant's statements were made in secrecy and confidence to a clergyman in the course of his duties .... Appellant never sought [the clergyman] in a confessional role; further there was no evidence that [the clergyman] was acting in any capacity other than that of counselor. Thus, the statements were not motivated by religious considerations or in order to seek the forgiveness of God. Accordingly, they were not made to [the clergyman] in the course of his duties as a minister .... [T]here is no basis to conclude that appellant's statements were made confidentially or for religious, penitent purposes. Therefore, we conclude that section 5943 does not apply.”

   1 later decision quote this exact passage
   e.g. 414 Pa. Super. 138 - Hutchison v. Luddy

2. “‘publicity which is harmful to the accused, and which may or may not require a change of venue depending upon what effect it has had in the community from which prospective jurors are drawn.’ Factors to consider in the determination as to whether publicity is inherently prejudicial include: ‘whether the pre-trial publicity was, on the one hand, factual and objective, or, on the other hand, consisted of sensational, inflammatory and ‘slanted articles demanding conviction’ ...; whether the pre-trial publicity revealed the existence of the accused’s prior criminal record; whether it referred to confessions, admissions or reenactments of the crime by the defendant; and whether such information is the product of reports by the police and prosecutorial officers.”

   1 later decision quote this exact passage
   e.g. 413 Pa. Super. 372 - Commonwealth v. Leighow

3. “Clearly, this provision of the Code does not prohibit all testimony by members of the clergy. Rather, it is limited to information told in confidence to them in their role as confessor or counselor. Petitioner established nothing in the record here indicating a confessor/penitent relationship with [the clergyman], and the record does not indicate that the admissions by Petitioner were offered in confidence.... Without a demonstration that his role was that of confessor or confidant, the admissions sought to be excluded did not fall within the protection of Section 5943.”

   1 later decision quote this exact passage
   e.g. 414 Pa. Super. 138 - Hutchison v. Luddy