Commonwealth v. Tervalon’s Empirical Analysis
1975
Citation profile
148 state decisions
How this case has been cited
Cited by 148 later decisions — most recently October 2013 · most notably Commonwealth v. Simmons (1995), Commonwealth v. Perkins (1977)
148 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 Miranda v. State of Arizona Vignera · Griffin v. California · Smith v. Crouse · Commonwealth v. Clair · Costello 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 148 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a general rule voluntary, extrajudicial statements made by a defendant may be used against that defendant although they contain no admission of guilt. Commonwealth v. Wentzel, 360 Pa. 137, 150 , 61 A.2d 309 (1948); Commonwealth v. Tenbroeck, 265 Pa. 251, 254 , 108 A. 635 (1919). See generally, McCormick, Law of Evidence, § 144 (2d ed. E. Cleary 1972). These extrajudicial statements, which differ from confessions in that they do not acknowledge all essential elements of a crime, are generally considered to qualify for introduction into evidence under the admission exception to the hearsay rule. McCormick, supra, § 262; 4 Wigmore, Evidence § 1048 (Chadboum rev. 1972).”
3 later decisions quote this exact passage · from the majority““While it is fundamental that the Fifth Amendment forbids comment by the prosecution on the accused’s silence at trial, Griffin v. California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965); Commonwealth v. Davis, 452 Pa. 171 , 305 A.2d 715 (1973), the cross-examination complained of did not either expressly or by reasonable implication indicate that an adverse inference could be drawn from the failure of Tervalon to testify nor did it draw attention to his failure to do so.” Commonwealth v. Tervalon, 463 Pa. 581, 595 , 345 A.2d 671, 678 (1975) (emphasisadded).”
1 later decision quote this exact passage · from the majority“"[e]vidence is admissible in rebuttal to contradict that offered by a defendant or his witnesses, even though by doing so the Commonwealth supplies previous omissions from its case in chief. Commonwealth v. Hickman, 453 Pa. 427, 432 , 309 A.2d 564 (1973), Commonwealth v. Libonati, 346 Pa. 504, 511 , 31 A.2d 95 (1943); 2 Henry, Pennsylvania Evidence, § 730 (1953). Commonwealth v. Tervalon, 463 Pa. 581, 590 , 345 A.2d 671, 676 (1975).”
1 later decision quote this exact passage · from the majority
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.