288 Pa. Super. 290 - Commonwealth v. Koch’s Empirical Analysis
1981
Citation profile
2 federal appellate · 119 state decisions
How this case has been cited
Cited by 121 later decisions — most recently January 2015 · most notably Kossler v. Crisanti (2009), 340 Pa. Super. 318 - Commonwealth v. Hassine (1985)
2 federal appellate · 119 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. Milliken · Commonwealth v. Spencer · Commonwealth v. Mastrangelo · Commonwealth v. Greene · Commonwealth v. Tarver
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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) afford the defendant the opportunity to make a statement in his own behalf and afford counsel for both parties an opportunity to present argument and information relative to sentencing; (b) state on the record the reasons for the sentence imposed; (c) advise the defendant on the record: (1) of his right to appeal and the time within which he must exercise such right and, if he is indigent, of his right to proceed in forma pauperis and to be provided free counsel; (2) of the right to file motions challenging the propriety of the sentence (and, in the case of a plea of guilty, the validity of the plea or the denial of a motion to withdraw the plea); (3) of the ten (10) day time limit within which such motions must be filed; (4) that the defendant is entitled to be represented by counsel in preparing and litigating such motions; and (5) that only claims raised in this court may be raised on appeal; (d) require that a record of the sentencing proceedings be made and preserved so that it can be transcribed as needed. The record shall include: (1) the record of any stipulation made at a pre-sentence conference; and (2) a verbatim account of the entire sentencing proceeding.”
3 later decisions quote this exact passage · from the concurrence“In the past, there has been some question with regard to this Court’s sua sponte review of the record to determine whether the lower court complied with Rule 1123(c). Several cases have held that the absence of a specific allegation by appellant that his waiver was unintelligent or involuntary precludes an independent review of the record. Commonwealth v. Tegano, 265 Pa.Super. 453 , 402 A.2d 526 (1979); Commonwealth v. Smith, 258 Pa.Super. 148 , 392 A.2d 727 (1978); Commonwealth v. Harmon, 267 Pa.Super. 224 , 406 A.2d 775 (1979). However, another line of decisions mitigates the harshness of the automatic waiver rule by reasoning that if the record is devoid of an 1123 colloquy by the lower court then appellant cannot be found to have Imowingly waived his rights thereunder. Commonwealth v. Johnson, 258 Pa.Super. 214 , 392 A.2d 760 (1978); Commonwealth v. Steffish, 243 Pa.Super. 309 , 365 A.2d 865 (1976).”
3 later decisions quote this exact passage“Within ten (10) days after a finding of guilt, the defendant shall have the right to file written motions for a new trial and in arrest of judgment. Only those grounds may be considered which were raised in pre-trial proceedings or at trial, unless the trial judge, upon cause shown, allows otherwise. Argument shall be scheduled and heard promptly after such motions are filed, and only those issues raised and the grounds relied upon in the motions may be argued. If the grounds asserted do not require a transcript, neither the filing nor argument of post-verdict motions shall be delayed for lack of a transcript of the notes of testimony.”
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.