Commonwealth v. Walloe’s Empirical Analysis
1977
Citation profile
8
cited by 8 later decisions
3
states following
October 1997
most recently cited
8 state decisions
Relationships
Relies on Commonwealth v. Blair · Commonwealth v. Jackson · Commonwealth v. Beach · 203 Pa. Super. 511 - Commonwealth v. Miller · Commonwealth v. Walloe
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A witness “cannot be found” within the meaning of the above-quoted Act, however, “only if a good-faith effort to locate the witness and compel his attendance at trial has failed.” Commonwealth v. Blair, 460 Pa. 31, 34 , 331 A.2d 213, 214 (1975). The burden of demonstrating such a “good-faith effort” is on the party seeking to introduce the prior testimony, Commonwealth v. Blair, supra, and “[t]he question of the sufficiency of the preliminary proof as to the absence of a witness is largely within the discretion of the trial judge.” Commonwealth v. Miller, 203 Pa.Super. 511, 516 , 201 A.2d 256, 259 (1964), quoted in Commonwealth v. Jackson, 463 Pa. 301, 305 , 344 A.2d 842, 844 (1975). Accord, Commonwealth v. Beach, 445 Pa. 257, 261 , 284 A.2d 792, 794 (1971). Thus, the question here is whether the trial court abused its discretion in ruling that appellant had failed to present sufficient evidence to prove that [the witness] was unavailable to testify.”
1 later decision quote this exact passage · from the majority“Whenever any person has been examined as a witness, either for the Commonwealth or for the defense, in any criminal proceeding conducted in or before a court of record, and the defendant has been present and has had an opportunity to examine or cross-examine, if such witness afterwards dies, or is out of the jurisdiction so that he cannot be effectively served with a subpoena, or if he cannot be found, or if he becomes incompetent to testify for any legally sufficient reason properly proven, notes of his examination shall be competent evidence upon a sub sequent trial of the same criminal issue. For the purpose of contradicting a witness the testimony given by him in another or in a former proceeding may be orally proved.”
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.