Commonwealth v. McCann’s Empirical Analysis
1983
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently May 2019 · most notably Oliver v. City of Pittsburgh (2011), Pennsylvanians Against Gambling Expansion Fund, Inc. v. Commonwealth (2005)
30 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 Ex Rel. Washington v. Maroney · Lyles v. United States · Commonwealth v. Mutina · State v. Hammonds · Commonwealth v. Richardson
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The holding in Mulgrew as in all cases, must be read in the context of its facts. In that case, defense counsel specifically requested a charge on the consequences of a verdict of not guilty by reason of insanity. The trial judge denied that request, and on appeal, it was this denial which was under scrutiny. Although there is broad language in the holding of Mulgrew , i.e., ‘a jury must be instructed concerning the possible psychiatric treatment and commitment of the defendant after a return of a verdict of not guilty by reason of insanity’ Id., 475 Pa. at 278 , 380 A.2d 352 ; implicit therein is the condition that upon request such an instruction must be given. As noted by the learned trial judge, this interpretation is consistent with that applied in a number of jurisdictions.” (cites omitted) “... Mulgrew was not intended to announce a per se rule requiring in all cases, regardless of whether or not requested, an instruction on the consequences of a not guilty by reason of insanity verdict. Consequently, we find no error in the trial judge not having sua sponte given the charge in question.” McCann, 503 Pa. at 193-197 , 469 A.2d at 128-129 .”
1 later decision quote this exact passage“Since Mulgrew, supra, we have not expressly defined the extent to which a prosecutor may argue the possible length of commitment of a defendant found not guilty by reason of insanity. However, other jurisdictions which have addressed this problem have allowed [the] prosecutor to at least explain the procedures by which a defendant would be evaluated. See State v. Karstetter, 110 Ariz. 539 , 521 P.2d 626 (1974); People v. Fox, 131 Ill.App.2d 604 , 264 N.E.2d 502 (1970); People v. Blake, 58 Mich.App. 685 , 228 N.W.2d 519 (1975); People v. Reade, 1 N.Y.2d 459 , 154 N.Y.S.2d 27 , 136 N.E.2d 497 (1956). See also, Commonwealth v. Killelea, 370 Mass. 638 , 351 N.E.2d 509 (1976). Thus, it was reasonable for trial counsel in this case to conclude that the Commonwealth would have been entitled to at least an instruction on this issue, if not an opportunity to argue the point.”
1 later decision quote this exact passage · from the dissent““... our inquiry is limited to the question of whether there was a reasonable basis for trial counsel’s failure to request this instruction and/or failure to object to the charge given by the trial court.””
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.