Commonwealth v. Bigley’s Empirical Analysis

Citation profile

21 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We need not decide these contentions. The Act of August 6, 1941, P.L. 861, § 17, as most recently amended December 27, 1965, P.L. 1230, § 8, 61 P.S. § 331.17, provides that the Parole Board ‘shall have exclusive power to . . . commit and recommit for violations of parole’ with the exception of cases involving less than two years maximum imprisonment. (Emphasis supplied.) In addition, the Act of August 6, 1941, P.L. 861, § 21.1, added August 24, 1951, P.L. 1401, § 5, as most recently amended June 28, 1957, P.L. 429, § 1, 61 P.S. § 331.21a, provides that ‘[a]ny parolee under the jurisdiction of the Pennsylvania Board of Parole released from any penal institution of the Commonwealth who, during the period of parole or while delinquent on parole, commits any crime punishable by imprisonment, for which he is convicted or found guilty by a judge or jury or to which he pleads guilty or nolo contendere at any time thereafter in a court of record, may, at the discretion of the board, be recommitted as a parole violator.’ (Emphasis supplied). The sentencing judge lacks authority to issue an order at variance with the terms of this statute. Commonwealth v. Draper, 222 Pa.Super. 26 , 293 A.2d 614 (1972). The lower court exceeded its power in attempting to decide whether appellant must be recommitted as a parole violator and, if so, when he should begin and finish his sentence as a parole violator. Thus, the lower court’s order of April 15, 1974, was of no effect.” Commonwealth v. Bigley”

   1 later decision quote this exact passage
   e.g. 249 Pa. Super. 511 - Commonwealth v. Call

2. ““A sentence to imprisonment shall be deemed to commence and shall be computed from the date of commitment for the offense or offenses for which such sentence is imposed, which date shall be specified by the judge. Credit, to be calculated by the clerk of court, shall be given as provided by law for any days spent in custody by the defendant for such offense or offenses prior to the imposition of sentence.””

   1 later decision quote this exact passage
   e.g. Commonwealth v. Wright

3. “Whether the time [a parolee] spent between arrest and sentencing is treated as time spent awaiting trial on the new charges or as time spent awaiting final commitment as a parole violator, [the parolee] is entitled to credit for this time towards either the old sentence or the new sentence, but not towards both.”

   1 later decision quote this exact passage
   e.g. Jones v. Pennsylvania Board of Probation & Parole