2001 Pa. Super. 271 - Commonwealth v. Bowser’s Empirical Analysis
2001
Citation profile
12
cited by 12 later decisions
1
states following
May 2010
most recently cited
11 state decisions
Relationships
Relies on North Carolina v. Pearce · 443 Pa. Super. 479 - Commonwealth v. Williams · 391 Pa. Super. 287 - Commonwealth v. Beasley · 2000 Pa. Super. 152 - Commonwealth v. Fish · 422 Pa. Super. 52 - Commonwealth v. Arriaga
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Appellant received ... a maximum of 23 months incarceration and a consecutive 36-month term of probation. He received credit on the former for time spent in jail, and was paroled. While serving the probationary portion of the sentence, his probation was revoked.... He now wants time previously credited to his incarceration component to be credited to the sentence he received upon revocation of his probation component. Having received credit for the time in jail on the first component of the sentence, appellant did not spend the last half of the 23-month incarcerative portion of the sentence in jail. Probation began after that credit. Credit has been given once; had no credit been given, he would not have been paroled [as early as he was] ... and his probation would not have begun for some months thereafter. We see no reason to award duplicate credit in the second component of the sentence.”
4 later decisions quote this exact passage“Documents received by the [DOC] indicate that on April 10,1997 Your Honor sentenced the inmate to 3 to 10 years ... for a revocation of a consecutive probation. Credit is being ordered from 12/23/92 to 4/23/93, 10/08/93 to 03/04/94, 05/28/94 to 08/02/95, 09/21/95 to 09/06/96 and 03/16/97 to 04/10/97. The time from 12/23/92 to 04/23/93, 10/08/93 to 03/04/94, 05/28/94 to 08/02/95 and 9/21/95 to 09/06/96 was previously credited towards the original sentence of 4 months to 23 months (with a consecutive 1 years [sic] probation). We have not credited this inmate with this credit. The case at hand does not meet the criteria as stated in [Williams ] as the combination of the ... time to which he was previously sentenced (4 months to 23 months) and the revocation sentence (3 years to 10 years) does not equal the maximum amount of time to which he can be sentenced. Credit has been denied in accordance with [Bowser], A letter was sent to your Honor on August 4, 2003 requesting an adjustment on Mr. McSpadden’s commitment credit as stated above. The inmate is now back as a Parole Violator and we have sentenced the inmate only awarding him credit from 03/16/97 to 04/10/97, please notify us if your Honor wants the inmate to have the additional credit as stated above. In a letter dated November 3, 2003, Judge New informed Appellees that “my sentence of April 10, 1997 of 3 years to 10 years was with all appropriate credit for time served/[ 3 ] I do not want any additional credit to accrue to ”
1 later decision quote this exact passage“We agree with the dissent [in Bowser] that Williams controls because 42 Pa. C.S. § 9760(2) specifies that credit shall be given for all time spent in custody under a prior sentence if a defendant is later reprosecuted and resentenced for the same offense. Even if Williams only stands for the proposition that an inmate should be credited for time served if his prior sentence and his current sentence do not exceed the maximum sentence permitted under law, McCray would be entitled to credit because the maximum sentence he could have received was 20 years on the original charge ..., and his sentence of 2-4 years plus the 23 months already served does not exceed the maximum possible sentence that could have been imposed. Because McCray served the entire 23 months for the underlying offense and did not receive any credit for that time served, he should have received credit for the 23 months served against his sentence of 2-4 years. (Citation omitted. Emphasis in original).”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.