417 Pa. Super. 571 - Commonwealth v. Branch’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 109. When prosecution barred by former prosecution for the same offense When a prosecution is for a violation of the same provision of the statutes and is based upon the same facts as a former prosecution, it is barred by such former prosecution under the following circumstances: (3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two cases failure to enter judgment must be for a reason other than a motion of the defendant. (4) The former prosecution was improperly terminated after the first witness was sworn but before a verdict, or after a plea of guilty was accepted by the court.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Commonwealth v. Rosario

2. “`even if jeopardy attaches at the time of acceptance of the plea, it does not attach irrevocably and may be released if there is manifest necessity.'”

   1 later decision quote this exact passage
   e.g. 438 Pa. Super. 241 - Commonwealth v. Rosario

3. “Rejecting a guilty plea after acceptance and setting the case for trial constitutes double jeopardy.”

   1 later decision quote this exact passage
   e.g. 438 Pa. Super. 241 - Commonwealth v. Rosario