2014 Pa. Super. 178 - Commonwealth v. Newman’s Empirical Analysis

Citation profile

1 federal appellate · 50 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]hen a decision of this Court results in a 'new rule,' that rule applies to all criminal cases still pending on direct review .”

   14 later decisions quote this exact passage · from the dissent
   e.g. 2017 Pa. Super. 189 - Com. v. Kline, J., Sr. · Commonwealth v. Moyer

2. “‘The Alleyne decision ... renders those Pennsylvania mandatory minimum sentencing statutes that do not pertain to prior convictions constitutionally inform insofar as they permit a judge to automatically increase a defendant’s sentence based on a preponderance of the evidence standard.’... However, ■ the Sixth Amendment concerns present in Alleyne are not implicated in this case. Here, Matteson was charged with aggravated indecent assault of a child, which requires, inter alia, that the victim is less than 13 years of age. See 18 Pa. C.S.A. § 3125. The victim testified that she was 11 years old at the time of the incident ... The jury received an instruction that it was required to find that the victim was less than 13 years of age .. Therefore, by finding Matteson guilty of aggravated indecent assault of a child beyond a reasonable doubt, the jury specifically found the element required to impose the mandatory minimum sentence ... Thus, the requirements of Alleyne have been met and Matteson’s claim is -without merit.”

   1 later decision quote this exact passage · from the dissent
   e.g. 2017 Pa. Super. 212 - Commonwealth v. Weimer