2001 Pa. Super. 211 - Commonwealth v. Opperman’s Empirical Analysis

Citation profile

2 federal appellate · 18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 1106. Restitution for injuries to person or property (a) GENERAL RULE. — Upon conviction for any crime wherein property has been stolen, converted or otherwise unlawfully obtained, or its value substantially decreased as a direct result of the crime, or wherein the victim suffered personal injury directly resulting from the crime, the offender shall be sentenced to make restitution in addition to the punishment prescribed therefor. (c) MANDATORY RESTITUTION.— (1)The court shall order full restitution: (1) Regardless of the current financial resources of the defendant, so as to provide the victim with the fullest compensation for the loss. The court shall not reduce a restitution award by any amount that the victim has received from the Crime Victim’s Compensation Board or other governmental agency but shall order the defendant to pay any restitution ordered for loss previously compensated by the board to the Crime Victim’s Compensation Fund or other designated account when the claim involves a government agency in addition to or in place of the board. The court shall not reduce a restitution award by any amount that the victim has received from an insurance company but shall order the defendant to pay any restitution ordered for loss previously compensated by an insurance company to the insurance company. (ii)If restitution to more than one person is set at the same time, the court shall set priorities of payment. However, when establishing priorities, the court shall order”

   2 later decisions quote this exact passage
   e.g. 2008 Pa. Super. 156 - Commonwealth v. Brown · 2004 Pa. Super. 436 - Commonwealth v. Boone

2. “[I]n the case sub judice, the insurance company paid damages pursuant to insurance contracts held by the victim’s mother for damages she and her husband sustained as a result of the victim’s death. The contract was not with the victim himself. Nor are the parents’ damages awarded through the estate, but they are their own damages as a result of their son’s death. Thus, we agree with Appellant’s assertion that the monies State Farm attempts to collect from him were actually tendered to third parties not contemplated by the definition of victim in 18 Pa.C.S.A. § 1106 nor 42 Pa.C.S.A. [§ ] 9721. Accordingly, it was an error for the trial court to order Appellant to pay restitution to State Farm.”

   2 later decisions quote this exact passage
   e.g. 2017 Pa. Super. 2 - Commonwealth v. Holmes · 2006 Pa. Super. 181 - Commonwealth v. Langston

3. “As our decision is driven by the definition of a victim, we are compelled to discuss the application of The Administrative Code, supra as both 42 Pa.C.S.A. § 9721(c) and 18 Pa.C.S.A. § 1106(h) reference it. As we have previously indicated, the references to The Administrative Code were accompanied by footnotes, which refer the reader to 71 P.S. § 180-9.1. This section, which contains The Administrative Code § 479.1, defines victim as “a person against whom a crime is being or has been perpetrated or attempted.” However, this section was repealed on November 24, 1998, effective immediately. 1998, Nov. 24, P.L. 882, No. Ill, § 5103, imd. effective. While we are cognizant of the fact that the subject matter of 71 P.S. 180-9.0 through 9.11 is now contained in the Crime Victims Act, 18 P.S. § 11.101 et seq., this statute does not formally adopt, subsume or recodify the subject matter. It is also persuasive that 18 Pa.C.S.A. § 1106 was amended on December 3, 1998 subsequent to the repeal of 71 P.S. 180-9.1 and yet continued to incorporate the definition of victim as found in the Administrative Code of 1929. It would appear that since 18 Pa. C.S.A. § 1106 was amended after the effective date of the Crimes Victims Act and the repeal of the 71 P.S. § 180-9-9.11, the legislature had the opportunity to include the definition of victim as contained in the Crime Victims Act, if they so chose. Having not done so, we are constrained to find that the definition of victim as provided for in T”

   1 later decision quote this exact passage
   e.g. 2017 Pa. Super. 2 - Commonwealth v. Holmes