Commonwealth v. Murphy’s Empirical Analysis

Citation profile

45 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This is not a situation where the withheld information was discovered only after conviction but one where the evidence became available to the defense during trial. Moreover, the defense had the opportunity to effectively present this evidence before the jury. Under these circumstances, we find no justification for granting a new trial. The rationale for doing so in Brady ... was that the jury convicted without the benefit of the non-disclosed testimony. Such a purpose would not be served in this case where the jury did consider the evidence in question before reaching its verdict. We therefore hold that even if the evidence would be deemed to be exculpatory, where it is effectively presented at trial and the belated disclosure does not prejudice the defense, no due process violation has occurred.”

   2 later decisions quote this exact passage
   e.g. 392 Pa. Super. 100 - Commonwealth v. Fromal · 378 Pa. Super. 339 - Commonwealth v. Stein

2. “(B) Disclosure by the Commonwealth. (1) Mandatory. In all court cases, on request by the defendant, and subject to any protective order which the Commonwealth might obtain under this rule, the Commonwealth shall disclose to the defendant’s attorney all of the following requested items or information, provided they are material to the instant case. The Commonwealth shall, when applicable, permit the defendant’s attorney to inspect and copy or photograph such items. (a) Any evidence favorable to the accused which is material either to guilt or to punishment, and which is within the possession or control of the attorney for the Commonwealth; [and] (b) any written confession or inculpatory statement, or the substance of any oral confession or inculpatory statement, and the identity of the person to whom the confession or inculpatory statement was made, which is in the possession or control of the attorney for the Commonwealth.... (E) Remedy. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit discovery or inspection, may grant a continuance, or may prohibit such party from introducing evidence not disclosed, other than testimony of the defendant, or it may enter such other order as it deems just under the circumstances.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Commonwealth v. Counterman

3. “By its terms the statute directs that the determination as to whether such a request should be granted should turn upon “the substantiality” of the insanity defense and its “effect upon other defenses.” We would readily agree there would be serious question as to whether the fair trial standard of section 404(c) could be satisfied if one with a substantial insanity claim were forced to assert it before the same fact tribunal that was being called upon to assess an alternative claim of defense of another. The insanity defense is premised upon the contention that the actor did not know the nature and quality of the act or could not perceive the distinction between right and wrong. Commonwealth v. Hicks, 483 Pa. 305 , 396 A.2d 1183 (1979); Commonwealth v. Bruno, 466 Pa. 245 , 352 A.2d 40 (1976); Commonwealth v. Demitt, 456 Pa. 475 , 321 A.2d 627 (1974). The incompatibility with a defense of justification, such as defense of a third party, is evident. Thus the validity of this complaint must depend upon “the substantiality” of the insanity defense raised here.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Jermyn