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← 491 Pa. 151 - Commonwealth v. Brocklehurst

Commonwealth v. Brocklehurst’s Empirical Analysis

1980

Citation profile

67
cited by 67 later decisions
2
states following
May 2002
most recently cited

67 state decisions

How this case has been cited

Cited by 67 later decisions — most recently May 2002 · most notably Commonwealth v. Genovese (1981), 374 Pa. Super. 549 - Commonwealth v. Trill (1988)

67 state decisions

610198019902000decided

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 Barker v. Wingo · Commonwealth v. Shelton · Commonwealth v. Hamilton · Commonwealth v. Mitchell · Commonwealth v. Tingle

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

  1. “serves two equally important functions: (1) the protection of the accused's speedy trial rights, and (2) the protection of society.”
    2 later decisions quote this exact passage
  2. “The defendant stipulated at the hearing on the Motion to Dismiss that the Commonwealth had exercised due diligence in attempting to locate him and that he was ‘unavailable’ for purposes of Rule 1100(d)(1), for the entire time from June 8, 1979, the date of the Complaint, to March 20, 1981, the date of his waiver of extradition. [N.T. 5, 9/29/81] The precise issue thus presented is at what point does the mandatory period in which to commence trial under Pa.R.Crim.P. 1100 begin to run? The Commonwealth contends that it should begin to run on March 27, 1981, the date on which the defendant was actually returned to Pennsylvania. The defendant contends, and, for reasons which will be more fully explained later, this Court held, that this time calculation must begin with the defendant’s waiver of extradition on March 20, 1981. Since the Commonwealth never filed a Petition to Extend the Time for Trial under Pa.R.Crim.P. 1100(c), this difference of seven days in fixing the starting point for the Rule 1100 calculation becomes critical. The Court concluded that the Commonwealth had 180 days from March 20, 1981, the date of the waiver of extradition or until September 16, 1981, in which to bring the defendant to trial. This was by virtue of the defendant’s unavailability up to the point of the waiver of extradition. The additional eight days, from September 15 to September 22, during which defense counsel was engaged in another trial in Federal Court, must be excluded due to his unavail”
    1 later decision quote this exact passage · from the dissent
  3. “(a)(2) Trial in a court case in which a written complaint is filed against the defendant after June 30, 1974 shall commence no later than one hundred eighty (180) days from the date on which the complaint is filed. * * * * * * (c)(1) At any time prior to the expiration of the period for commencement of trial, the attorney for the Commonwealth may apply to the court for an order extending the time for commencement of trial. * * * * * * (2) A copy of such motion shall be served upon the defendant through his attorney, if any, and the defendant shall also have the right to be heard thereon.”
    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.