Commonwealth v. Stukes’s Empirical Analysis

Citation profile

3 federal appellate · 42 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Stukes was arrested on April 3, 1966. Able counsel was appointed to represent him on April 28th. His trial, i. e., the voir dire examination and the selection of jurors, began on June 6, 1967. “Pursuant to an order entered on May 5, 1967, by the Honorable Vincent A. Carroll, President Judge of the Philadelphia Courts, Stukes was examined on May 19th by two psychiatrists and a psychologist to determine if he was competent to stand trial. Such an examination was requested by Edward A. Guy, M.D., Director of the Division of Psychiatry of the Philadelphia prisons. Neither the District Attorney nor defense counsel were notified of the petition or the court’s order and neither were present during the examination. During the examination, no questions were asked pertaining to the alleged offense and Stukes was cautioned not to volunteer any such information. As a result of the examination, the examining physicians concluded that Stukes was ‘able to cooperate with counsel and to understand the nature of the proceedings against him’. “The question of Stukes’ competency to stand trial first arose in Dr. Guy’s mind following an examination that he made of him on April 24, 1967, during which the Doctor found Stukes ‘acutely agitated and fearful’. He prescribed that Stukes be given thorazine, a major tranquilizer which affects the central nervous system. The use of this drug was discontinued on April 28th, upon which date Stukes was given one dose of cogentin to combat drowsiness, one of ”

   1 later decision quote this exact passage
   e.g. United States Ex Rel. Stukes v. Shovlin

2. ““Stukes was arrested on April 3, 1966, and after a preliminary hearing on April 4th, was held on charges of rape, robbery, burglary, and related offenses. On May 10th, Lena Alexandroff, the victim, died, and the charge of murder was added to the previous charges. The grand jury returned the murder indictments against Stukes and two others who participated in the crimes, Burgess and Dessus, on the same day, May 10th. Also on May 10th, Stukes’ counsel petitioned the lower court for an immediate trial, and for leave to retain an investigator and a pathologist. The last request was granted. “Burgess was brought to trial on August 22, 1966, and plead guilty. After an extensive hearing, he was found guilty of murder in the first degree and was, on August 27th, sentenced to death. On August 31, 1966, Stukes’ counsel petitioned the Court for leave to retain a special investigator whose services were alleged to be necessary for the preparation of Stukes’ defense. This request was granted. “The Commonwealth attempted to bring Dessus to trial on September 26, 1966, but the trial court quashed the indictment for legal reasons and we affirmed this order on November 15, 1966. (Citation omitted.) These same legal infirmities existed as to the Stukes’ indictment. The Commonwealth reindicted both Dessus and Stukes on January 9, 1967. Dessus was brought to trial before a jury in March and on April 7, 1967, he was found guilty of first degree murder and sentenced to life imprisonment. Stukes’ t”

   1 later decision quote this exact passage
   e.g. United States Ex Rel. Stukes v. Shovlin

3. ““[T]here is no evidence in the record that Stukes was at all influenced by drugs at his trial. Major tranquilizers were given to Stukes for the span of three days, from April 26th to April 28, 1967. Thereafter librium, a minor tranquilizer which has no general depressing effect on the mind, but merely relieves anxiety, was given to Stukes in 10-milligram doses three times daily until June 13th. At that time, as noted before, the quantity of librium given to Stukes was reduced to one 10-milligram dose per day before bedtime. The jury was not sworn until June 20th. Dr. Guy testified that the effects of librium continue for four or five hours. It is thus apparent that throughout his trial (and indeed for the entire period of his incarceration except, of course, for three days in late April when Stukes was given thorazine and cogentin), Stukes was entirely unaffected by drugs, as far as his ability to confer with counsel is concerned. In respect to this, it should also be noted that trial counsel of extensive experience and recognized ability admittedly were ‘in constant communication’ with Stukes during his confinement, and never once complained of his lack of competency to stand trial or inability to confer with them until June 14, 1967, after they learned of the tests ordered by Judge Carroll.” 435 Pa. at 543-544 , 257 A.2d at 832 .”

   1 later decision quote this exact passage
   e.g. United States Ex Rel. Stukes v. Shovlin