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← 413 Pa. Super. 583 - Commonwealth v. Wolfe

413 Pa. Super. 583 - Commonwealth v. Wolfe’s Empirical Analysis

1992

Citation profile

17
cited by 17 later decisions
1
states following
February 2023
most recently cited

11 state decisions

How this case has been cited

Cited by 17 later decisions — most recently February 2023

11 state decisions

601992200020102020decided

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 Rodriguez v. New York · Reserve Life Insurance v. Bankers Life & Casualty Co. · McGee v. International Life Insurance · Central of Georgia Railway Co. v. Jones · Ker v. California

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

  1. “When a petitioner is in custody by virtue of a judgment of sentence of a court of competent jurisdiction, the writ generally will not lie. Commonwealth ex rel. Wilson v. Keeper of the Jail of Philadelphia County, 26 Pa. 279, 280 (1856). The rationale for this limitation is the presumption of regularity which follows the judgment. Commonwealth ex rel. Spencer v. Ashe, 364 Pa. 442 , 71 A.2d 799 (1950); see Commonwealth ex rel. DeSimone v. Cavell, 185 Pa.Super. 131 , 138 A.2d 688 (1958). The writ, as stated above, is an extraordinary remedy and, therefore, a judgment rendered in the ordinary course is beyond the reach of habeas corpus. That conviction cannot be put aside lightly, and it becomes stronger the longer the judgment stands. Commonwealth ex rel. Hoch v. Banmiller, 186 Pa.Super. 57 , 140 A.2d 625 (1958). Consequently, habeas corpus generally is not available to review a conviction which has been affirmed on appeal. Commonwealth ex rel. Dugan v. Day, 180 Pa.Super. 643 , 122 A.2d 90 (1956).”
    1 later decision quote this exact passage
  2. “The ancient writ of habeas corpus is inherited from the common law, referred to by Sir William Blackstone as the most celebrated writ in the English law. The writ lies to secure the immediate release of one who has been detained unlawfully, in violation of due process. [Traditionally, the writ has functioned only to test the legality of the petitioner’s detention.”
    1 later decision quote this exact passage
  3. “may be invoked only when remedies in the ordinary course have been exhausted or are not available; the writ is not a substitute for appellate review.”
    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.