Commonwealth v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant did not satisfy due diligence requirement by offering no reasonable explanation for a 13-year delay in obtaining affidavit
• holding that defendant did not satisfy due diligence requirement by offering no reasonable explanation for a 13-year delay in obtaining new evidence
• concluding that petitioner’s lack of due diligence was apparent on the face of the record, where petitioner knew of potential witness years before securing an affidavit from him
• holding that petitioner did not exercise due diligence to obtain witness’s affidavit when pre-trial discovery indicated that witness had made a statement to police but petitioner did not request the statement or pursue affidavit for over 13 years
• holding that petitioner did not exercise due diligence -9- J-A08045-23 to obtain witness’s affidavit when pre-trial discovery indicated that witness had made a statement to police but petitioner did not request the statement or pursue affidavit for over 13 years
• providing that, under both governmental interference exception and newly discovered facts exception, petitioner must show that he acted with due diligence in obtaining witness affidavit

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Com. v. Williams, D.
  Superior Court of Pennsylvania· 2021-01-25· cited 43×
• Com. v. Alceus, F.
  Superior Court of Pennsylvania· 2024-05-08· cited 16×
• Scioli Turco, Inc. v. Prileau, D.
  Superior Court of Pennsylvania· 2019-03-29· cited 11×
• Commonwealth v. Towles, J., Aplt.
  Supreme Court of Pennsylvania· 2023-08-22
• Com. v. Baker, P.
  Superior Court of Pennsylvania· 2026-02-10

Cites

17 cases in this archive are cited by this case.

• Brady v. Maryland
  Supreme Court· 1963-05-13· cited 33,902×
• Apprendi v. New Jersey
  Supreme Court· 2000-06-26· cited 28,372×
• Batson v. Kentucky
  Supreme Court· 1986-04-30· cited 16,401×
• Alleyne v. United States
  Supreme Court· 2013-06-17· cited 5,868×
• Commonwealth v. Bennett
  Supreme Court of Pennsylvania· 2007-08-23· cited 1,230×
• Commonwealth v. Cartrette
  Superior Court of Pennsylvania· 2013-12-24· cited 1,101×
• Commonwealth v. Ford
  Superior Court of Pennsylvania· 2012-05-08· cited 887×
• Commonwealth, Aplt. v. Burton, S.
  Supreme Court of Pennsylvania· 2017-03-28· cited 444×
• Commonwealth v. Hackett
  Supreme Court of Pennsylvania· 2008-09-26· cited 329×
• Commonwealth v. Burton
  Superior Court of Pennsylvania· 2015-08-25· cited 181×
• Commonwealth v. Keaton
  Supreme Court of Pennsylvania· 2012-05-30· cited 158×
• Commonwealth v. Lawrence
  Superior Court of Pennsylvania· 2014-08-27· cited 136×
• Commonwealth v. Hawkins
  Supreme Court of Pennsylvania· 2008-08-19· cited 114×
• Commonwealth v. Andrews
  Supreme Court of Pennsylvania· 2001-03-26· cited 93×
• Commonwealth v. Munday
  Superior Court of Pennsylvania· 2013-10-10· cited 91×
• Commonwealth v. Williams
  Superior Court of Pennsylvania· 2015-10-06· cited 65×
• Commonwealth Ex Rel. Johnson v. Bookbinder
  Superior Court of Pennsylvania· 1968-11-14· cited 21×