2003 Pa. Super. 203 - Commonwealth v. Kohan’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Once an appeal has been taken, except in limited circumstances not present here, a trial court may no longer take any substantive action in a case. Pa. R.A.P. 1701(a); Commonwealth v. Pearson, 454 Pa.Super. 313 , 685 A.2d 551, 557 (1996) (en banc). At that point, however, the trial court is required to write an opinion setting forth the reasons for its order or other matters appealed from if the reasons do not already appear in the record. Pa.R.A.P. 1925(a); K-B Building Co. v. Hermara Associates, Inc., 709 A.2d 918, 919 (Pa.Super.1998). The trial court may not enter any kind of an order on the claims but may indicate how it would have acted if permitted to do so. Id. (though trial court had failed to timely act on post-trial motions before judgment was entered as permitted by the rules, court was still required to issue non-dispositive opinion under Rule 1925).”

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

2. “Only issues that are properly raised and preserved in the trial court may be considered on appeal. Pa.R.A.P. 302(a). Issues raised before or during trial are properly preserved for appeal. Pa. R.Crim.P. 720(B)(1)(c). So are issues raised in a timely optional post-sentence motion, provided those issues were properly preserved at the appropriate point in the proceedings. Pa.R.Crim.P. 720(B). For example, a criminal defendant could not assert a claim in a post-sentence motion for a new trial that evidence was erroneously admitted during his trial if he hadn’t lodged an objection during the trial when the evidence was admitted. Failure to object results in a waiver of the claim.”

   1 later decision quote this exact passage
   e.g. 2004 Pa. Super. 334 - Commonwealth v. Melendez-Rodriguez

3. “After-Discovered Evidence. A post-sentence motion for a new trial on the ground of after-discovered evidence must be filed in writing promptly after such discovery.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 2007 Pa. Super. 361 - Commonwealth v. Rivera