413 Pa. Super. 538 - Commonwealth v. Eck’s Empirical Analysis

Citation profile

32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By excluding evidence of [the victim’s] juvenile record and his prior sexual conduct, the trial court prevented appellant ‘from showing the existence of a possible ulterior motive on the part of the complainant ..., [and] defense counsel was unable to cross-examine the complainant effectively....’ [The] Appellant theorizes that, as the perpetrator of a sexual offense, [the victim] learned that victims receive more favorable treatment than do perpetrators. [The] Appellant contends that, fearing disciplinary action for violating [the placement facility’s] rules, [the victim] fabricated the charges against [the] appellant. The jury may have found [the] appellant’s theory to be credible or incredible. Nevertheless, the jury had a right to hear the evidence of the victim’s juvenile record and/or past sexual conduct, if relevant, and if it substantiated appellant’s theory of fabrication, so long as the probative value of the evidence was not outweighed by its unfair prejudicial effect. We therefore conclude that the trial court erred in excluding this evidence outright.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 2010 Pa. Super. 230 - Commonwealth v. Ruggiano · Commonwealth v. Fernsler

2. “First, a defendant’s right to access is dependant upon whether the information is protected by a statutory privilege and whether that privilege is absolute. Information which is protected by an absolute statutory privilege is not subject to disclosure and denial of access to a criminal defendant is required____ On the other hand, a privilege which is statutorily enacted, but which is subject to exceptions, is not absolute and access to a criminal defendant may be required. * * * ^ ^ * Finally, privileges which are not statutorily enacted, but rather are recognized by the common law, must yield to the constitutional rights of a criminal defendant.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 442 Pa. Super. 412 - Commonwealth v. Herrick

3. “(b) Privilege.— (1) No sexual assault counselor may, without the written consent of the victim, disclose the victim’s confidential oral or written communications to the counselor nor consent to be examined in any court or criminal proceeding. (2) No coparticipant who is present during counseling may disclose a victim’s confidential communication made during the counseling session nor consent to be examined in any civil or criminal proceeding without the written consent of the victim.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 446 Pa. Super. 301 - Commonwealth v. Askew