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Issue: corpus delicti rulePA ↗
Issue: historical purpose rulePA ↗
Issue: time-honored testPA ↗
Issue: closely related crimes exceptionPA ↗
Quoted verbatim 1×
74.0 score
G Cite
cited 3× by 3 distinct cases, 2016–2018 ·
... concedes that there is sufficient evidence to sustain the verdict.
at p. 1101
⚠ not in text
Topic ↗
cited 3× by 3 distinct cases, 2015–2017 ·
... the trial court is under no obligation to view the evidence in the light most favorable to the verdict winner.
at p. 1101
⚠ not in text
Topic ↗
cited 3× by 3 distinct cases, 2010–2016 · 2 courts ·
…the commonwealth need not prove the existence of a crime beyond a reasonable doubt as an element in establishing the corpus delicti of a crime, but the evidence must be more consistent with a crime than with accident.
at p. 1098
⚠ not in text
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005
2015
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
In the Interest of: D.S., a Minor
failure to conform briefs to the requirements of the rules of appellate procedure may result in the quashing or dismissing of an appeal where the defects in the brief are substantial.
discussed
Cited as authority (rule)
Com. v. Baker, S.
(2×)
“The relationship between the crimes is sufficiently close so as to ensure that the purpose underlying the corpus delicti rule, i.e., to prevent conviction where no crime has occurred.” Commonwealth v. Dupre, 866 A.2d 1089, 1098-99 (Pa. Super. 2005).
discussed
Cited as authority (rule)
Com. v. Brown, S.
Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa. Super. 2005); see also Barnett, 50 A.3d at 196 (concluding the trial court did not abuse its discretion in permitting the jury to have during deliberations a minor victim’s written statement, where “[t]he statement was relevant evidence, it was - 16 - J-S11014-25 specifically requested by the jury, and when originally admitted into evidence, [the a]ppellant failed to assert an objection.”).
discussed
Cited as authority (rule)
Com. v. Brown, S.
Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa. Super. 2005); see also Barnett, 50 A.3d at 196 (concluding the trial court did not abuse its discretion in permitting the jury to have during deliberations a minor victim’s written statement, where “[t]he statement was relevant evidence, it was specifically requested by the jury, and when originally admitted into evidence, [the a]ppellant failed to assert an objection.”).
cited
Cited as authority (rule)
Com. v. Stevenson, T.
Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa. Super. 2005) (citation omitted).
discussed
Cited as authority (rule)
Com. v. Mitchell, T.
Thus, the trial court is under no obligation to review the evidence in the light most favorable to the verdict winner.” Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citations omitted). - 15 - J-S17012-23 Mitchell argues that the jury failed to consider that J.A. did not report the alleged rapes and assaults to: the Pennsylvania State Police which she passed daily on the way to her Suboxone clinic; the Magisterial District Judge’s office, the volunteer fire department, or the EMS station, all located within yards of her apartment, while she walked her dogs; the Women’s Sh…
discussed
Cited as authority (rule)
Com. v. Cirillo, V.
“The corpus [delicti] … rule places the burden on the prosecution to establish that a crime has actually occurred before a confession or admission of the accused connecting him to the crime can be admitted.” [Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa. Super. 2005)] (quoting Commonwealth v. Rivera, 828 A.2d 1094, 1103 (Pa. Super. 2003)).
discussed
Cited as authority (rule)
Com. Wesley, J.
Thus, the trial court is under no obligation to review the evidence in the light most favorable to the verdict winner.” Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citations omitted).
discussed
Cited as authority (rule)
Com. v. Lopez, W.
Thus, the trial court is under no obligation to review the evidence in the light most favorable to the verdict winner.” Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citations omitted).
discussed
Cited as authority (rule)
Com. v. Harding, J.
Thus, the trial court is under no obligation to review the evidence in the light most favorable to the verdict winner.” Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citations omitted). -7- J-S37030-22 “A successful claim of self-defense negates the malice element of third- degree murder.” Commonwealth v. Marks, 704 A.29 1095, 1099 (Pa. Super. 1997) (citation omitted).
cited
Cited as authority (rule)
Com. v. Corbett, J.
Ct. e e 2012)(citing Gommomwealth • Dupre, 866 A.2d 1089, 1101 (Pa. Super.
discussed
Cited as authority (rule)
Com. v. Strunk, S.
(2×)
Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa. Super. 2005).
discussed
Cited as authority (rule)
Com. v. Capriotti, Z.
The corpus delecti [sic] is literally the body of the crime; it consists of proof that a loss or injury has occurred as a result of the criminal conduct of someone.” Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa. Super. 2005). -8- J-S10034-21 the February 17, 2019 incident.
discussed
Cited as authority (rule)
Com. v. Bernard, T.
A trial court's exercise of discretion in determining whether a verdict is against the weight of the evidence is one of the “least assailable reasons for granting or denying a new trial.” Commonwealth v. Dupre, 866 A.2d 1089, 1102 (Pa. Super. 2005).
discussed
Cited as authority (rule)
Com. v. Hunter, C.
A trial court's exercise of discretion in determining whether a verdict is against the weight of the evidence is one of the "least assailable reasons for granting or denying a new trial." 8 2_Opinion Commonwealth v. Dupre, 866 A.2d 1089, 1102 (Pa. Super. 2005).
cited
Cited as authority (rule)
Com. v. Prince, D.
Commonwealth v. Dupre, 866 A.2d 1089, 1102 (Pa. Super. 2005); Pa.R.Crim.P. 646(A).
discussed
Cited as authority (rule)
Com. v. Long, R.
Finally, Pennsylvania has adopted the “closely related crimes” exception to the corpus delicti rule, which “provides that where a defendant’s confession relates to separate crimes with which he is charged, and where independent evidence establishes the corpus delicti of only one of those crimes, the confession may be admissible as evidence of the commission of the other crimes.” Commonwealth v. Dupre, 866 A.2d 1089, 1098-99 (Pa. Super. 2005).
discussed
Cited as authority (rule)
Com. v. Johnson, S.
See Commonwealth v. Williams, 959 A.2d 1272 , 1285– 86 (Pa.Super. 2008). “[T]his inquiry requires us to determine whether providing the [evidence] to the jury was prejudicial: ‘If there is a likelihood the importance of the evidence will be skewed, prejudice may be found; if not, there is no prejudice per se and the error is harmless.’ ” Id. at 1285–86 (quoting Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa.Super. 2005)).
discussed
Cited as authority (rule)
Com. v. Johnson, S.
See Commonwealth v. Williams, 959 A.2d 1272 , 1285– 86 (Pa.Super. 2008). “[T]his inquiry requires us to determine whether providing the [evidence] to the jury was prejudicial: ‘If there is a likelihood the importance of the evidence will be skewed, prejudice may be found; if not, there is no prejudice per se and the error is harmless.’ ” Id. at 1285–86 (quoting Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa.Super. 2005)).
discussed
Cited as authority (rule)
Com. v. Johnson, S.
See Commonwealth v. Williams, 959 A.2d 1272 , 1285– 86 (Pa.Super. 2008). “[T]his inquiry requires us to determine whether providing the [evidence] to the jury was prejudicial: ‘If there is a likelihood the importance of the evidence will be skewed, prejudice may be found; if not, there is no prejudice per se and the error is harmless.’ ” Id. at 1285–86 (quoting Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa.Super. 2005)).
discussed
Cited as authority (rule)
Com. v. Torres, C.
Thus, the trial court is under no obligation to view the evidence in the light most favorable to the verdict winner." Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa.Super.2005) (quoting Commonwealth v. Sul- livan, 820 A.2d 795, 805-806 (Pa.Super.2003), app. denied, 574 Pa. 773 , 833 A.2d 143 (2003) (emphasis omitted).
cited
Cited as authority (rule)
Com. v. Wade, A.
Commonwealth v. Dupre, 866 A.2d 1089, 1102 (Pa.Super. 2005); Pa.R.Crim.P. 646(A).
cited
Cited as authority (rule)
Com. v. Wade, A.
Commonwealth v. Dupre, 866 A.2d 1089, 1102 (Pa.Super. 2005); Pa.R.Crim.P. 646(A).
cited
Cited as authority (rule)
Com. v. Johnston, C., Jr.
Appellant did not develop this issue in the body of his argument. -8- J-S25010-19 Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa. Super. 2005), appeal denied, 879 A.2d 781 (Pa. 2005).
cited
Cited as authority (rule)
Com. v. Conner, R.
Commonwealth v. Dupre, 866 A.2d 1089, 1102 (Pa.Super. 2005); Pa.R.Crim.P. 646(A).
discussed
Cited as authority (rule)
Com. v. Brown, D.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citing Commonwealth v. Sullivan, 820 A.2d 795, 805-06 (Pa. Super. 2003); Commonwealth v. Widmer, 744 A.2d 745, 751-52 (Pa. 2000).
cited
Cited as authority (rule)
Com. v. Thoman, S.
Commonwealth v. Chine, 40 A.3d 1239, 1243 (Pa. Super, Ct. 2012) (citing Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. ,,.) Ct. 2005)).
discussed
Cited as authority (rule)
Com. v. Turner, R.
(2×)
A challenge to the weight of the evidence " ' ... concedes that there is sufficient evidence to sustain the verdict.' " Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa.Super. 2005) quoting Commonwealth v. Sullivan, 820 A.2d 795, 805-06 (Pa.Super. 2003), appeal denied, 574 Pa. 773 , 833 A.2d 143 (2003).
cited
Cited as authority (rule)
Com. v. Suber, G.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super.
cited
Cited as authority (rule)
Com. v. Duboise, R.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citing Commonwealth v. Sullivan, 820 A.2d 795, 805-06 (Pa. Super. 2003)).
discussed
Cited as authority (rule)
Com. v. Dickerson, I.
(2×)
A challenge to the weight of the evidence" ' ... concedes that there is sufficient evidence to sustain the verdict.' " Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa.Super. 2005) quoting Commonwealth v. Sullivan, 820 A.2d 795, 805-06 (Pa.Super. 2003), appeal denied, 574 Pa. 773 , 833 A.2d 143 (2003).
cited
Cited as authority (rule)
Com. v. Murray, A.
Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa.Super. 2005).
cited
Cited as authority (rule)
Com. v. Robinson, C.
Commonwealth v. Dupre, 866 A.2d 1089, 1102-03 (Pa. Super. 2005).
discussed
Cited as authority (rule)
Com. v. Green, C.
Because Green did not raise his corpus delicti claim before the trial court, we conclude that it is waived.9 See Pa.R.A.P. 302(a) (“Issues not ____________________________________________ 8 As we have previously explained: “The corpus [delicti] rule places the burden on the prosecution to establish that a crime has actually occurred before a confession or admission of the accused connecting him to the crime can be admitted.” Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa.Super. 2005) (quotation omitted).
discussed
Cited as authority (rule)
Commonwealth v. Bullock
Pennsylvania has adopted the “closely related crimes” exception to the corpus delécti rule, which “provides that where a defendant’s confession relates to separate crimes with which he is charged, and where independent evidence establishes the corpus delicti of only one of those crimes, the confession may be admissible as evidence of the commission of the other crimes.” Commonwealth v. Dupre, 866 A.2d 1089, 1098-99 (Pa. Super. 2005). 9 .
cited
Cited as authority (rule)
Com. v. Moore, K.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citing Commonwealth v. Sullivan, 820 A.2d 795, 805-06 (Pa. Super. 2003)).
discussed
Cited as authority (rule)
Com. v. Savage, O.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citing Commonwealth v. Sullivan, 820 A.2d 795, 805-806 (Pa. Super. 2003); Commonwealth v. Widmer, 744 A.2d 745, 751-752 (Pa. 2000).
discussed
Cited as authority (rule)
Polites, W. v. Contorchick, D.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citing Commonwealth v. Sullivan, 820 A.2d 795, 805-806 (Pa. Super. 2003) (quoting Commonwealth v. Widmer, 560 Pa. 308 , 744 A.2d 745, 751-752 (2000))).
discussed
Cited as authority (rule)
Com. v. Fulton, D.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citing Commonwealth v. Sullivan, 820 A.2d 795, 805-806 (Pa. Super. 2003); Commonwealth ~1.
discussed
Cited as authority (rule)
Com. v. Chance, M.
"The corpus delicti rule places the burden on the prosecution to establish that a crime has occurred before a confession or admission of the accused connecting him to the crime can be admitted." Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa. Super. 2005).5 The purpose of this rule is to prevent the hasty and unguarded character that often attaches to 5 We note that "the order in which evidence is presented is a matter committed to the trial court's discretion, and its rulings will not be disturbed absent an abuse of that discretion." Commonwealth v. Edwards, 903 A.2d 1139 , 1158 -59 (Pa. 2006…
discussed
Cited as authority (rule)
Com. v. Porter, J.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005)(citing Commonwealth v. Sullivan, 820 A.2d 795 , 805·806 (Pa. Super. 2003); Commonwealth v. Widmer, 744 A.2d 745 , 751·752 (Pa. 2000). ''A new trial should not be granted because of a mere conflict in the testimony or because the judge on the same facts would have arrived at a different conclusion.
discussed
Cited as authority (rule)
Com. v. Neubold, J.
“Thus, whether an exhibit should be allowed to go out with the jury during deliberation is within the discretion of the trial judge, and such decision will not be overturned absent an abuse of discretion.” Commonwealth v. Dupre, 866 A.2d 1089, 1102 (Pa. Super. 2005).
discussed
Cited as authority (rule)
Com. v. Terrell, B.
(2×)
“The corpus [delicti] rule places the burden on the prosecution to establish that a crime has actually occurred before a confession or admission of the accused connecting him to the crime can be admitted.” Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa. Super. 2005) (citations omitted).
discussed
Cited as authority (rule)
Com. v. Spurell, D.
(2×)
A challenge to the weight of the evidence " ... concedes that there is sufficient evidence to sustain the verdict." Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa.Super. 2005) quoting Commonwealth v. Sullivan, 820 A.2d 795, 805-06 (Pa.Super. 2003), appeal denied, 574 Pa. 773 , 833 A.2d 143 (2003).
discussed
Cited as authority (rule)
Com. v. Maines, J.
I Commonwealth v. Dupre, 866 A.2d 1089, 1101-02 (Pa. Super. 2005)(quoting Cominonwealth j 'I 1; v. Sullivan, 820 A.2d 795, 805-806 (Pa. Super. 2003)(in turn quoting Commonwealth v. i l Widmer1560 Pa. 308, 744 A.2d 745 , 751~752 (2000))) (emphasis in original), The question a I trial court must answer, in the sound exercise of its discretion, is whether "notwithstanding all l I the facts, certain facts are so clearly of greater weight that to ignore them or to give them equal I I weight with all the facts is to deny justice.', Sullivan, at 806 (citing Widmer, supra).
cited
Cited as authority (rule)
Com. v. Vasquez, R.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citations omitted).
discussed
Cited as authority (rule)
Com. v. Britt, R.
(2×)
We begin by noting that, “[t]he corpus [delicti] rule places the burden on the prosecution to establish that a crime has actually occurred before a confession or admission of the accused connecting him to the crime can be admitted.” Commonwealth v. Dupre, 866 A.2d 1089, 1097 (Pa. Super. 2005) (citations omitted).
discussed
Cited as authority (rule)
Com. v. Parker, M.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005) (citing Commonwealth v. Sullivan, 820 A.2d 795 , 805–06 (Pa. Super. 2003) (quoting Commonwealth v. Widmer, 744 A.2d 745 , 751–52 (Pa. 2000))).
discussed
Cited as authority (rule)
Com. v. Williams, B.
Commonwealth v. Dupre, 866 A.2d 1089, 1101 (Pa. Super. 2005), (citing Commonwealth v. Sullivan, 820 A.2d 795 , 805–806 (Pa. Super. 2003) (quoting Commonwealth v. Widmer, 744 A.2d 745 , 751–752 (Pa. 2000))).
discussed
Cited as authority (rule)
In Re: K.M., a Minor
This argument is at odds with the time- honored principle that “the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence.” Commonwealth v. Dupre, 866 A.2d 1089, 1100 (Pa. Super. 2005) (quoting Commonwealth v. DiStefano, 7782 A.2d 574 , 582 (Pa. Super. 2001)). - 12 - J-A24017-15 conspirator may be imputed to his coconspirators, there is no question that that element is satisfied with regard to Appellant.
Retrieving the full opinion text from the archive…
OFFICE OF DISCIPLINARY COUNSEL
v.
John M. LARASON
v.
John M. LARASON
No. 939 Disciplinary Docket No. 3.
Supreme Court of Pennsylvania.
Jan 10, 2005.
866 A.2d 1089
Published
ORDER
PER CURIAM.AND NOW, this 10th day of January, 2005, on certification by the Disciplinary Board that the respondent, JOHN M. LARASON, who was suspended by Order of this Court dated August 19, 2004, for a period of three months, has filed a verified statement showing compliance with all the terms and conditions of the Order of Suspension and Rule 217, Pa.R.D.E., and there being no other outstanding order of suspension or disbarment, JOHN M. LAR-ASON, is hereby reinstated to active status, effective immediately.