Commonwealth v. Baker’s Empirical Analysis

Citation profile

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

1. ““(1) such capacity to communicate, including as it does both an ability to understand questions and to frame express and intelligent answers; (2) mental capacity to observe the occurrence itself and the capacity of remembering what it is that [the witness] is called to testify about; and (3) a consciousness of the duty to speak the truth.””

   5 later decisions quote this exact passage · from the majority
   e.g. 371 Pa. Super. 188 - Commonwealth v. McEachin · Commonwealth v. Mazzoccoli

2. “On December 20, 1973, Steven Gibbons was found dead in his home. The house had been thoroughly ransacked. The body of the deceased was bound and gagged with paper stuffed in the mouth and an ice pick plunged downward into the nape of the neck. A physician from the office of the medical examiner testified for the Commonwealth that death resulted from the stabbing, strangulation and a severe beating which had been inflicted on the victim. The victim was approximately 80 years old at the time of death. Donahue Wise, who plead guilty to murder after being charged with this homicide, was the Commonwealth’s primary witness at appellant’s trial. He testified that on the night of the crime he had been in a bar drinking with the victim Steven Gibbons. Three men, including appellant, came into the bar. One of the men voiced a threat against Gibbons because Gibbons had refused to buy him a drink. Wise testified that he went home to go to bed. The three others, including appellant, came to his house and asked him if he wanted to make some money by committing a robbery. Wise agreed and the four eventually proceeded to the home of the victim. En route, one of the four obtained an ice pick and a hammer for use in the crime. When they reached Gibbons’ home appellant broke the glass on the front door and the men entered. A coat was thrown over the victim’s head and the house was searched for money and valuables. Wise testified that as he returned from searching the upstairs he saw one of his ”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Baker

3. ““The competency of a witness is a matter for the trial court to determine and is not reviewable in the absence of a clear abuse of discretion. Commonwealth v. Ware, 459 Pa. 334, 356 , 329 A.2d 258, 269 (1974); Commonwealth v. Kosh, 305 Pa. 146, 155 , 157 A.2d 479, 482 (1931).” Commonwealth v. Baker, 466 Pa. 479, 484 , 353 A.2d 454, 457 (1976).”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Stickle