In Re Braig’s Empirical Analysis
1991
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently April 2013
14 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
Applies 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1951 (Hobbs Act) · 18 U.S.C. § 2
Relies on Commonwealth v. Peoples · In re Greenberg · Petition of Hughes · Commonwealth Ex Rel. v. Davis · 172 Pa. Super. 510 - Commonwealth v. Knox
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We rejected this argument and, holding that the removal had been constitutionally imposed.... Observing that the framers of the Article [VI] had to have been aware of the many statutes which, “after defining the crime [any crime], say that the defendant ‘on conviction’ shall be fined and/or imprisoned, the penalty being imposed by the court before whom the defendant was convicted,” we concluded that it must have been expected “that the constitutional provision providing for a specified punishment ‘on conviction’ [of misbehavior in office or infamous crime] would be interpreted in exactly the same way.” 299 Pa. at 280-281 , 149 A. 176 .”
1 later decision quote this exact passagee.g. In re Ballentine“... that violation of Article V, Section 17 is specifically identified in Section 18(d) as one of the bases for proceedings before the Board [now the Court of Judicial Discipline] and discipline perhaps less than removal. We noted at the outset, however, that the constitution sets out conviction of misbehavior in office as a basis for forfeiture separate from removal under Section 18. It would thus be unreasonable to find that violation of Section 17 constituted the breach of positive duty underlying the offense of “misbehavior in office.””
1 later decision quote this exact passagee.g. In re Ballentine“Our Constitution has long contained provisions specifying that civil officers “shall be removed on conviction of misbehavior in office or of any infamous crime.” In the several cases where interpretation of these provisions came before the appellate courts, it was uniformly understood that the reference to “misbehavior in office” was to the criminal offense as defined at common law.”
1 later decision quote this exact passagee.g. In re Gentile
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.