428 Pa. Super. 587 - Commonwealth v. Brown’s Empirical Analysis
1993
Citation profile
13 state decisions
How this case has been cited
Cited by 15 later decisions — most recently November 2016
13 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 City of Hazleton v. City Council · 403 Pa. Super. 223 - Commonwealth v. Leib · City of Hazleton v. City Council · Albert Appeal · 265 Pa. Super. 225 - Commonwealth v. Morgan
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(c) Test results admissible in evidence. — In any ... criminal proceeding ... [for] violation of section 3731, ... the amount of alcohol ... shown by chemical testing ..., which tests were conducted by qualified persons using approved equipment, shall be admissible. sf; s¡í sfs s¡t # ❖ (2) Chemical tests of blood ... shall be performed by a clinical laboratory licensed and approved by the Department of Health for this purpose using procedures and equipment prescribed by the Department of Health. For purposes of blood ... testing, qualified person means an individual who is authorized to perform those chemical tests under [The Clinical Laboratory Act, 35 P.S. § 2151 et seq.]. (See also, 28 Pa.Code § 5.103).”
1 later decision quote this exact passage“[Jjudicial notice does not deny an opposing party the opportunity to disprove the fact sought to be judicially noticed. Therefore, a party who believes that, notwithstanding a lab’s state approval and publication in the Pennsylvania Bulletin, some error in testing occurred, i.e., the improper timing of a test or an equipment malfunction, is free to present evidence of that error to rebut the inference created by judicial notice. ... A party may convince the court that even though a lab has state approval, the circumstances surrounding his or her test were such that the results are not reliable.”
1 later decision quote this exact passage“In any summary proceeding or criminal proceeding in which the defendant is charged with a violation of section 3731 [driving under the influence] or any other violation of this title arising out of the same action, the amount of alcohol or controlled substance in the defendant’s blood, as shown by chemical testing of the person’s breath, blood or urine, which tests were conducted by qualified persons using approved equipment, shall be admissible in evidence....”
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.