Commonwealth v. DeHart’s Empirical Analysis

Citation profile

3 federal appellate · 47 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “THE COURT: In this case under the Sentencing Code only the following matters if proven to your satisfaction beyond a reasonable doubt can be aggravating circumstances. First, that the [appellant] committed a killing while in the perpetration of a felony. The felony here contended by the Commonwealth is that of attempted rape. For purposes of this case, ladies and gentlemen, the crime of attempted rape includes that the [appellant] attempted that offense, that he did a certain act that would be in pursuance of the furtherance of that rape, that he intended to commit a rape upon Kathy Fair, and that the act that he did constituted a substantial step toward the commission of that crime. In other words, attempted rape would include that the [appellant] attempted to engage in sexual intercourse with Kathy Fair that Kathy Fair was not his spouse, they weren't married at the time, and that he did that through the use of forcible compulsion or threat of forcible compulsion that would prevent resistance by someone who has reasonable resolution. Now, if you are satisfied that those elements have been made out for you as I have described them for you for the charge of attempted rape, you may then consider the aggravating circumstance that the [appellant] committed this killing while in the perpetration of a felony.”

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

2. “Where a jury is permitted to take with them written instructions during their deliberations, a question may arise as to the appropriate application of the written instruction when resolving an issue in the cause [sic]. In such a case, it is highly probable the jury would resort to its interpretation of the written instructions in reaching its verdict. Where the jury is required to rely upon the oral instructions given by the judge in his charge, if disagreement arises concerning the oral instructions, it is more likely that the jury would seek further instructions from the judge to resolve the question. When an issue is resolved by further instructions from the court, that procedure insures that misconceptions are not permitted to infect the deliberative process. On the other hand, when a jury is left to its own devices to interpret a written instruction, the possibility of a misconception is significantly enhanced. Moreover, the submission of written instructions would tend to encourage the jury to ignore the court’s general instruction and focus upon the written instructions supplied to them. This undue emphasis on portions of the charge has the potential of undermining the integrity of the deliberative process.”

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

3. “In view of the multitude of specious arguments, previously litigated issues, and assertions contradicted by the facts of record in this appeal, we deem it necessary to remind Appellant’s PCRA counsel that there exists a duty not to pursue baseless claims or frivolous issues. See Rule 3.1 the Rules of Professional Conduct; cf. Rule 2744 of the Rules of Appellate Procedure (appellate court may award reasonable counsel fees and delay damages if it determines that an appeal is frivolous); Smith [, supra ] (appellate court had the power to assess attorney’s fees against court-appointed counsel who had filed a frivolous appeal). It is apparent that prior counsel was mindful of this duty in choosing not to appeal every adverse ruling or decision.”

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