2003 Pa. Super. 416 - Commonwealth v. Kelly’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Consistent with the broader discretion granted to a sentencing court that chooses to impose restitution as a condition of parole, 42 Pa.C.S § 9754(c)(8) vests the court with an equally broad power to determine what the fruits of the crime are. This is considerably different than the language of 18 Pa.C.S. § 1106 which permits restitution only for losses that are a direct result of the crime. The more liberal language of § 9754(c)(8) is understandable given the purposes of rehabilitation and can encompass all the types of claims Mr. Har-ner presented, as long as the trial court is satisfied that restitution is being ordered so that the appellant will understand the cruelty of her conduct, be deterred from repeating the conduct, be encouraged to live in a responsible manner, and be able to pay these costs.”

   1 later decision quote this exact passage
   e.g. 2004 Pa. Super. 34 - Commonwealth v. Popow

2. ““[T]he verdict means [the defendant] was convicted of buying the goods, and he either knew they were stolen or reasonably should have known they were stolen. We note that [the trial court] reasoned that ‘if those people aren’t out there buying stolen property, people aren’t breaking in....’ (Id.) In other words, [the defendant] provided a market for that person who is criminally responsible for the break-in and damage to the truck. While this would not be enough to be considered a ‘direct’ result of the criminal activity, we do agree with [the trial court] that this can be considered ‘indirectly’ connected to the criminal activity.””

   1 later decision quote this exact passage
   e.g. 53 So. 3d 151 - Theodorou v. State

3. ““While the repair of the truck is not directly connected to the crime of receiving stolen property, it is indirectly connected to the crime of [receiving stolen property]. Even if [the defendant] did not actually break into the truck, he provided a market for the person or persons who did.... ””

   1 later decision quote this exact passage
   e.g. 53 So. 3d 151 - Theodorou v. State