Commonwealth v. Lussi’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Theft by deception and the false statements section of the Welfare Code involve distinct elements. There is no irreconcilable conflict between them on their face, and any actual conflict between them can only be determined when the facts of the case are fully developed. It may well appear that the same acts on [the defendant’s] part constituted violations of both statutes. If so, prosecution under the [more specific provision under the] Welfare Code alone is permitted. On the other hand, different acts by [the defendant] may have violated each statute independently. In either case, post-trial motions in arrest of judgment are' an adequate vehicle for challenging the propriety of the prosecutions.”

   1 later decision quote this exact passage · from the dissent
   e.g. Commonwealth v. Karetny