2014 Pa. Super. 168 - Commonwealth v. Raven’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Sentencing is a matter vested in the sound discretion of the sentencing judge, and a sentence will not be disturbed on appeal absent a manifest abuse of discretion. In this context, an abuse of discretion is not shown merely by an error in judgment. Rather, the appellant must establish, by reference to the record, that the sentencing court ignored or misapplied the law, exercised its judgment for reasons of partiality, prejudice, bias or ill will, or arrived at a manifestly unreasonable decision.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Commonwealth v. Horning · 2017 Pa. Super. 209 - Commonwealth v. Johnson-Daniels

2. “(1) A person who drives á motor vehicle on a highway or trafficway of this Commonwealth at a time when the person’s operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) or the former section 3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or former section 3731 or is suspended under section 1581 (relating to Driver’s License Compact) for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon conviction, be guilty of a summary offense and shall be sentenced to pay a fíne of $500 and to undergo imprisonment for a period of not less than 60 days nor more than 90 days. [[Image here]] (2) This subsection shall apply to any person against whom one of these suspensions has been imposed whether the person is currently serving this suspension or whether the effective date of suspension has been deferred under any of the provisions of section 1544 (relating to additional period of revocation or suspension). This provision shall also apply until the person has had the operating privilege restored.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 2016 Pa. Super. 281 - Commonwealth v. Jarosz

3. “[Appellant’s] conviction for AIDPI while not properly licensed required the Commonwealth to demonstrate that [Appellant] caused an accident that resulted in the injury or death of a person, and that his operating privilege was either disqualified, canceled, recalled, revoked or suspended (and not restored), or that [Appellant] did not hold a valid driver’s license. [Appellant’s] conviction for DWS-DUI related required the Commonwealth to demonstrate that [Appellant’s] operating privilege was suspended or revoked as a condition of acceptance of ARD (for driving under influence, or for a similar offense that occurred outside of the Commonwealth), or for a refusal to submit to chemical testing. A review of the plain language of these statutes demonstrates that DWS-DUI related clearly imposes an additional requirement that a license suspension be related to DUI or ARD. Such an element is not contemplated by the AIDPI statute.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 2016 Pa. Super. 281 - Commonwealth v. Jarosz