Commonwealth v. Yaninas’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “One crime is also a lesser-included offense of another crime if, while considering the underlying factual circumstances, the elements constituting the lesser crime as charged are all included within the elements of the greater crime, and the greater offense includes at least one additional element that is not a requisite for committing the lesser crime.... The only difference between the (a)(1) and (a)(4)[ (i) ] DUI offense is the manner of proof required to establish intoxication. An (a)(1) offense requires only that the testimony establish that a defendant was under the influence to an extent to prohibit safe driving. The (a)(4)[ (i) ] offense requires that the Commonwealth produce a scientific/medical test to establish blood alcohol by weight in the blood is over .10% for an adult. The same elements of: (1) driving, operating or actual physical control of the movement of a motor vehicle; and (2) being under the influence remain consistent.”

   1 later decision quote this exact passage
   e.g. 2005 Pa. Super. 105 - Commonwealth v. Williams