2007 Pa. Super. 219 - Commonwealth v. Fowler’s Empirical Analysis
2007
Citation profile
29 state decisions
How this case has been cited
Cited by 30 later decisions — most recently October 2024 · most notably 2013 Pa. Super. 89 - Commonwealth v. Taylor (2013), 2013 Pa. Super. 46 - Commonwealth v. Infante (2013)
29 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Commonwealth v. Fahy · Commonwealth v. Collins · Commonwealth v. Eichinger · Commonwealth v. Murray · Commonwealth v. Robinson
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“§ 9760. Credit for time served (1) Credit against the maximum term and any minimum term shall be given to the defendant for all time spent in custody as a result of the criminal charge for which a prison sentence is imposed or as a result of the conduct on which such a charge is based. Credit shall include credit for time spent in custody prior to trial, during trial, pending sentence, and pending the resolution of an appeal.”
6 later decisions quote this exact passage“The easiest application of [ Section 9760(1) ] is when an individual is held in prison pending trial, or pending appeal, and faces a sentence of incarceration: in such a case, credit clearly would be awarded. However, the statute provides little explicit guidance in resolving the issue before us now, where [the defendant] spent time [somewhere other] than in prison. This difficulty results in part from the fact that neither Section 9760, nor any other provision of the Sentencing Code, defines the phrase "time spent in custody." The difficulty is also a function of the fact that there are many forms of sentence, and many forms of pre-sentencing release, which involve restrictions far short of incarceration in a prison. * * * The plain and ordinary meaning of imprisonment is confinement in a correctional or similar rehabilitative institution [.] Courts have interpreted the word custody, as used in Section 9760, to mean time spent in an institutional setting such as, at a minimum, an inpatient alcohol treatment facility.”
4 later decisions quote this exact passage“[a] challenge to the trial court's failure to award credit for time spent at custody prior to sentencing involves the legality of sentence[.]”
2 later decisions quote this exact passage
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.