2007 Pa. Super. 234 - Commonwealth v. Kelly’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 331.17. Powers of board respecting parolees; supervision of persons placed on probation; sentences for less than two years excepted The board shall have exclusive power to parole and re-parole, commit and recommit for violations of parole, and to discharge from parole all persons heretofore or hereafter sentenced by any court in this Commonwealth to imprisonment in any prison or penal institution thereof, whether the same be a state or county penitentiary, prison or penal institution, as hereinafter provided. It is further provided that the board shall have exclusive power to supervise any person hereafter placed on probation or parole (when sentenced to a maximum period of less than two years) by any judge of a court having criminal jurisdiction, when the court may by special order direct supervision by the board, in which case the probation or such parole case shall be known as a special case and the authority of the board with regard thereto shall be the same as herein provided with regard to parole cases within one of the classifications above set forth: Provided, however, That the powers and duties herein conferred shall not extend to persons sentenced for a maximum period of less than two years, and nothing herein contained shall prevent any court of this Commonwealth from paroling any person sentenced by it for a maximum period of less than two years: And provided further, That the period of two years herein referred to shall mean the entire continuous term of senten”

   1 later decision quote this exact passage
   e.g. 2008 Pa. Super. 190 - Commonwealth v. Mitchell

2. “[The defendant] received an aggregate sentence of eighteen to sixty months’ imprisonment at a state facility for receiving stolen property ..., followed by three concurrent sentences of twenty-four months’ special probation. Pursuant to section 331.17, “special probation” is defined as supervision over “any person hereafter placed on probation ... (when sentenced to a maximum period of less than two years) by any judge of a court having criminal jurisdiction, when the court may by special order direct supervision by the board....” 61 P.S. § 331.17 (emphasis supplied). Technically, because [the defendant] was sentenced to a maximum period of more than two years, his probation does not fall within section 331.17’s definition of a “special case.” Thus, [the Board] did not have the exclusive power to supervise [the defendant] under section 331.17. However, [the Board] did have the power to supervise Appellant as a special case under a different statutory provision. [The Board] has “exclusive power to supervise any person hereafter placed on probation by any judge of a court having criminal jurisdiction, when the court may by special order direct supervision by the board.” 61 P.S. § 331.17a (emphasis supplied)....”

   1 later decision quote this exact passage
   e.g. 2008 Pa. Super. 190 - Commonwealth v. Mitchell