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← 445 Pa. Super. 101 - Commonwealth v. Decker

445 Pa. Super. 101 - Commonwealth v. Decker’s Empirical Analysis

1995

Citation profile

12
cited by 12 later decisions
1
states following
July 2017
most recently cited

12 state decisions

Relationships

Relies on Blockburger v. United States · Brown v. Ohio · United States v. Dixon · Grady v. Corbin · Soto v. United States

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

  1. “[Decker] was ordered by the PFA to abstain from abusing his wife. The Pennsylvania Protection From Abuse Act defines abuse as “[attempting to cause or intentionally, knowingly or recklessly causing bodily injury ...” 23 Pa.C.S.A. § 6102. In the indirect criminal contempt proceeding, the court found that [Decker] willfully disobeyed the PFA order by abusing his wife. [Decker] was later found guilty of simple assault based upon the same conduct. Section 2701(a)(1) of the crimes code states that a person is guilty of assault if he “attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another.” The two statutes contain identical language. Under the “same elements” Blockburger test, the criminal contempt offense contains one element that the simple assault does not — willful disobedience of the PFA order; but, the offense of simple assault, under the facts of this case, does not contain any elements not included in the criminal contempt offense. Because simple assault is a lesser-included offense of the criminal contempt, the subsequent prosecution is barred by the Double Jeopardy Clause.”
    1 later decision quote this exact passage
  2. ““The Double Jeopardy Clause, applicable to the States through the Fourteenth Amendment, provides that no person shall ‘be subject for the same offense to be twice put in jeopardy of life or limb.’ ” Commonwealth v. Decker, 445 Pa.Super. 101 , 664 A.2d 1028, 1029 (1995) (citing U.S. CONST, amend. 5). “Furthermore, the Double Jeopardy Clause [ ] protects against a second prosecution for the same offense after acquittal. It protects against a second prosecution for the same offense after conviction. And it protects against multiple punishments for the same offense.” Id.”
    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.