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← 426 Pa. Super. 31 - Commonwealth v. Smith

426 Pa. Super. 31 - Commonwealth v. Smith’s Empirical Analysis

1993

Citation profile

6
cited by 6 later decisions
1
states following
December 1995
most recently cited

6 state decisions

Relationships

Relies on Blockburger v. United States · Grady v. Corbin · 400 Pa. Super. 12 - Commonwealth v. Harris · Com. v. Kemmerer · 411 Pa. Super. 576 - Commonwealth v. Wallace

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

  1. “"The doctrine of collateral estoppel prevents relitigation between parties of an issue where that issue has been previously decided by a competent legal forum. The doctrine is applicable to criminal prosecutions as well as to civil matters." Commonwealth v. Wallace, 411 Pa.Super. 576, 581 , 602 A.2d 345, 348 (1992). The doctrine, "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." Commonwealth v. Wharton, 406 Pa.Super. 430, 432 , 594 A.2d 696, 697 (1991) (emphasis in original) (citations omitted).”
    2 later decisions quote this exact passage
  2. “[whether] the government, to establish an essential element of an offense charged in [a subsequent] prosecution, will prove conduct that constitutes an offense for which the defendant has already been prosecuted.”
    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.