Commonwealth v. Darush’s Empirical Analysis
1983
Citation profile
2 federal appellate · 2 district · 167 state decisions
How this case has been cited
Cited by 175 later decisions — most recently February 2020 · most notably Reilly v. Southeastern Pennsylvania Transportation Authority (1985), 14 Cal. 4th 367 - Cowan v. Superior Court (1996)
2 federal appellate · 2 district · 167 state decisions — followed in 12 states
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. Scott · Commonwealth v. GOODMAN · Commonwealth v. Perry · Commonwealth v. Knighton · Independence Party Nomination
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 175 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e have never held and are unwilling to adopt a per se rule that a judge who had participated in the prosecution of a defendant may never preside as judge in future unrelated cases involving that defendant. Absent some showing of prejudgment or bias we will not assume a trial court would not be able to provide a defendant a fair trial based solely on prior prosecutorial participation.”
6 later decisions quote this exact passage · from the majority“bears the burden of producing evidence establishing bias, prejudice, or unfairness necessitating recusal, and the 'decision by a judge against whom a plea of prejudice is made will not be disturbed except for an abuse of discretion.'”
4 later decisions quote this exact passage · from the majority“[T]he largely unfettered sentencing discretion afforded a judge is better exercised by one without hint of animosity toward appellant.... [A] defendant is entitled to sentencing by a judge whose impartiality cannot reasonably be questioned.”
2 later decisions 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.