Commonwealth v. Maloney’s Empirical Analysis
1976
Citation profile
102 state decisions
How this case has been cited
Cited by 102 later decisions — most recently January 2021 · most notably Commonwealth v. Story (1978), Commonwealth v. Potter (1978)
102 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 Griffin v. California · Schneble v. Florida · Commonwealth v. Kloiber · Commonwealth v. Goosby · Commonwealth v. Davis
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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In order that there will be no confusion henceforth, we now specifically rule that in Pennsylvania adequate instructions under some circumstances may cure error of the nature here complained of. Initially, whether the harm can be removed by curative instructions will be within the sound discretion of the trial judge and his determination will be subject to appellate review. In making this decision, the following will be important considerations but not necessarily exclusive: (1) the nature of the reference, particularly, whether it was a specific comment on the accused's silence at trial or at the time of arrest or whether it was, as in Commonwealth v. Ross [ 403 Pa. 358 , 169 A.2d 780 (1961)], merely a reference to the fact that incriminating evidence of the Commonwealth was undenied or uncontradicted; and (2) whether the accused's silence was exploited by the district attorney." Id., 469 Pa. at 349 , 365 A.2d at 1241 .”
9 later decisions quote this exact passage“Herein, the objection was overruled, which distinguishes the situation from that presented in [Commonwealth v. ] Glenn, [ 459 Pa. 545 , 330 A.2d 535 (1974) ] supra.... And finally, [because] the objection was overruled, the trial judge was in effect saying the district attorney’s remarks were proper. Under such circumstances, a motion for a mistrial [or curative instructions] would be an exercise in futility.”
1 later decision quote this exact passage“not only do the remarks inject the district attorney’s opinion and thus improperly add his experience and judgment to the issue of guilt, they also inject, as a deterrent to a finding of innocence, the idea that an elected district attorney will lose faith in our judicial system if guilty is not the verdict. Id., 469 Pa. at 353 , 365 A.2d at 1243 .”
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.