Commonwealth v. Prado’s Empirical Analysis
1978
Citation profile
97 state decisions
How this case has been cited
Cited by 99 later decisions — most recently October 2019 · most notably Commonwealth v. Wojdak (1983), Commonwealth v. Coccioletti (1981)
97 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 Commonwealth v. Sullivan · McNair's Petition · Commonwealth v. Hetherington · Commonwealth of Pa. v. Mullen · 244 Pa. Super. 33 - Commonwealth v. Rick
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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is no constitutional right, federal or state, to a preliminary hearing. Rather, a defendant’s right to a preliminary hearing is conferred by the Rules of Criminal Procedure. The purpose of a preliminary hearing has been described by the Supreme Court in the following manner: The preliminary hearing is not a trial. The principal function of a preliminary hearing is to protect an individual’s right against an unlawful arrest and detention. At this hearing, the Commonwealth bears the burden of establishing at least a prima facie case that a crime has been committed and that the accused is probably the one who committed it. It is not necessary for the Commonwealth to establish at this stage the accused’s guilt beyond a reasonable doubt. In order to meet its burden at the preliminary hearing, the Commonwealth is required to present evidence with regard to each of the material elements of the charge and to establish sufficient probable cause to warrant the belief that the accused committed the offense. A finding by a committing magistrate that the Commonwealth has failed to establish a prima facie case is not a final determination, such as an acquittal, and only entitles the accused to his liberty, for the present, leaving him subject to rearrest. In this regard, the Supreme Court has acknowledged that re-arrest is the appropriate procedure and the Commonwealth’s only recourse where charges are dismissed and the defendant discharged upon a finding of a lack of a prima facie c”
1 later decision quote this exact passage“Appellee did emerge from an alley after the shooting, but no witnesses to the shooting were presented and no evidence of the murder weapon was presented. The prosecution did introduce testimony that the wound was "probably" caused by a high velocity weapon. The only link between this and the appellee is that he once owned such a weapon. The prosecution introduced testimony to establish a motive from an altercation between appellee and . . . [victim]; however, such altercation occurred a year prior to the murder. The prosecution introduced remarks made by appellee to a sporting goods salesman that "you didn't sell any bullets to me." . . . and, to a detective that "you ain't never going to find my rifle, Turkey," . . . and asks us to infer that appellee was "conscious of his guilt."”
1 later decision quote this exact passage“This does not mean that the prosecution must prove the accused guilty beyond a reasonable doubt, Common wealth v. Rick, 244 Pa.Super. 33 , 366 A.2d 302 (1976), but rather, the prosecution must establish “sufficient probable cause” that the accused has committed the offense. Commonwealth v. Smith, 212 Pa.Super. 403 , 244 A.2d 787 (1968).”
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.