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← 577 Pa. 581 - Commonwealth v. Druce

Commonwealth v. Druce’s Empirical Analysis

2004

Citation profile

68
cited by 68 later decisions
1
states following
September 2020
most recently cited

66 state decisions

How this case has been cited

Cited by 68 later decisions — most recently September 2020 · most notably Commonwealth v. Tedford (2008), Commonwealth v. DeJesus (2004)

66 state decisions

380200420102020decided

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 Liteky et al United States · United States v. Grinnell Corp. · Hullum v. United States · Reilly v. Southeastern Pennsylvania Transportation Authority · Commonwealth v. Travaglia

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

  1. “[Our Supreme] Court presumes judges of this Commonwealth are “honorable, fair and competent,” and, when confronted with a recusal demand, have the ability to determine whether they can rule impartially and without prejudice. Commonwealth v. White, 557 Pa. 408 , 734 A.2d 374, 384 (1999). The party who asserts a trial judge must be disqualified 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.” [Commonwealth v.] Darush, [ 501 Pa. 15 , 459 A.2d 727 ,] 731 [ (1983) ].”
    7 later decisions quote this exact passage
  2. ““The sentencing decision is of paramount importance in our criminal justice system,” and must be adjudicated by a fair and unbiased judge. Commonwealth v. Knighton, 490 Pa. 16, 21 , 415 A.2d 9 (1980). This means, a jurist who “assess[es] the case in an impartial manner, free of personal bias or interest in the outcome.” Commonwealth v. Abu-Jamal, 553 Pa. 485 , 720 A.2d 79, 89 (1998). Because of the tremendous discretion a judge has when sentencing, “a defendant is entitled to sentencing by a judge whose impartiality cannot reasonably be questioned.” Commonwealth v. Darush, 501 Pa. 15 , 459 A.2d 727, 732 (1983). “A tribunal is either fair or unfair. There is no need to find actual prejudice, but rather, the appearance of prejudice is sufficient to warrant the grant of new proceedings.” In Interest of McFall, 533 Pa. 24 , 617 A.2d 707, 714 (1992)”
    3 later decisions quote this exact passage
  3. “At the sentencing hearing, Judge Kle-infelter also revoked appellant’s bail. Appellant also filed an emergency petition with this court, requesting that he be granted bail pending appeal. After this court denied his request for bail, appellant sought relief from the Pennsylvania Supreme Court via an emergency petition. That court granted appellant’s request and remanded the matter to the trial court for imposition of bail pending appeal. On remand, Judge Kleinfelter did not preside over the bail hearing; rather, the matter was assigned to the Honorable Todd A. Hoover. Judge Hoover ultimately set bail at $600,000.00, far in excess of appellant’s request of $40,000.00 and higher than the Commonwealth’s recommendation of $500,000.00. Judge Hoover also imposed conditions on appellant’s release, including electronic home monitoring pursuant to Dauphin County’s Adult Probation Department and an 8:00 PM to 6:00 AM curfew.”
    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.