406 Pa. Super. 430 - Commonwealth v. Wharton’s Empirical Analysis
1991
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently July 2020
16 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 Ashe v. Swenson · Lefkowitz v. Newsome · Commonwealth v. Campana · Commonwealth v. Campana · Russell v. Douthitt
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This section of the Crimes Code “applies only to successive prosecutions, not to the distinct problem of retrial following a deadlocked jury.” Section 110 “applies only where the prosecution is attempting to bring charges to trial on a new offense which follows á previous trial for the same conduct.” It was designed to limit successive prosecutions where all charges arising out of the same criminal transaction could have been brought in a single prosecution. Instantly, the Commonwealth complied with Section 110 by bringing all charges against appellant in a single proceeding. A retrial ... because of a deadlocked jury, therefore, is not precluded.”
1 later decision quote this exact passage“which is part of the concept of double jeopardy, requires that where an ultimate fact has been necessarily established in favor of a defendant in a former prosecution, the issue may not be relitigated in any subsequent proceeding against the defendant.”
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.