2003 Pa. Super. 12 - Commonwealth v. Kunkle’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Proof at sentencing. — The provisions of this section shall not be an element of the crime. Notice of the applicability of this section to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth’s intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider evidence presented at trial, shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence and shall determine by a preponderance of the evidence if this section is applicable.”

   3 later decisions quote this exact passage
   e.g. Commonwealth v. London · Commonwealth v. Mazzetti

2. “I note that since the trial judge has jurisdiction over a matter for thirty days following sentence, a trial judge in his or her discretion could vacate the sentence. In that case, there would be nothing to prevent a new sentencing hearing in which the Commonwealth would have the opportunity to present evidence that would trigger the mandatory. Id. at 501 (emphasis supplied). The author of the concurring opinion in Kunkle , however, ultimately changed his position as he was the majority author in Wilson II.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Wilson