Commonwealth v. Legares’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The test for determining the admissibility of such evidence requires that the court employ a two-step analysis. First, a court must determine whether the photograph[s are] inflammatory. If not, [they] may be admitted if [they] ha[ve] relevance and can assist the jury’s understanding of the facts. If the photography are] inflammatory, the trial court must decide whether or not the photographs are of such essential evi-dentiary value that their need clearly outweighs the likelihood of inflaming the minds and passions of the jurors. If an inflammatory photograph is merely cumulative of other evidence, it mil not be deemed admissible, (emphasis added). Commonwealth v. Marinelli, 547 Pa. 294, 321 , 690 A.2d 203, 216 (1997), quoting Commonwealth v. Chester, 526 Pa. 578, 591-92 , 587 A.2d 1367, 1373-74 (1991), cert. denied, 502 U.S. 849 , 959, 112 S.Ct. 152 , 422, 116 L.Ed.2d 117, 442 (1991); see also Commonwealth v. Smith, 544 Pa. 219 , 675 A.2d 1221 (1996); Commonwealth v. Rivers, 537 Pa. 394 , 644 A.2d 710 (1994). We will reverse the decision of the court below to admit the photograph[s] into evidence only upon an abuse of discretion. Marinelli, 547 Pa. at 321-23 , 690 A.2d at 217 ; Commonwealth v. McCutchen, 499 Pa. 597 , 454 A.2d 547 (1982). We will find an abuse of discretion only when the essential evidentiary value of the photo-graphies are] clearly outweighed by the inflammatory effect the picture[s] will have upon the minds and passions of the jurors. Rivers, 537 Pa. at 40”

   1 later decision quote this exact passage
   e.g. 2000 Pa. Super. 30 - Commonwealth v. Hatcher