302 Pa. Super. 145 - Commonwealth v. Galloway’s Empirical Analysis
1982
Citation profile
98 state decisions
How this case has been cited
Cited by 102 later decisions — most recently August 2007 · most notably Commonwealth v. Cousar (2007), Commonwealth v. Yarris (1999)
98 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. Morris · Commonwealth v. Evans · Commonwealth. v. Hoss · Commonwealth v. Sherard · Allen v. Mack
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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) General Rule.—Upon conviction for any crime wherein property has been stolen, converted or otherwise unlawfully obtained, or its value substantially decreased as a direct result of the crime, or wherein the victim suffered personal injury directly resulting from the crime, the offender may be sentenced to make restitution in addition to the punishment prescribed therefor. (c) Authority of sentencing court.—In determining whether to order restitution as a part of the sentence or as a condition of probation or parole, the court: (1) Shall consider the extent of injury suffered by the victim and such other matters as it deems appropriate. (2) May order restitution in a lump sum, by monthly installments or according to such other schedule as it deems just, provided that the period of time during which the offender is ordered to make restitution shall not exceed the maximum term of imprisonment to which the offender could have been sentenced for the crime of which he was convicted. (3) May at any time alter or amend any order of restitution made pursuant to this section providing, however, that the court state its reasons and conclusions as a matter of record for any change or amendment to any previous order.”
5 later decisions quote this exact passage“The grant or denial of severance or the consolidation of charges for trial is a matter of discretion with the trial judge, and his decision will be reversed only for manifest abuse of discretion, or prejudice to the defendant. Commonwealth v. Morris, 493 Pa. 164 , 425 A.2d 715 (1981); Commonwealth v. Larkins, 302 Pa.Super. 528 , 449 A.2d 42 (1982); Commonwealth v. Galloway, 302 Pa.Super. 145 , 448 A.2d 568 (1982). The test of whether consolidation is proper is related to the test of whether evidence of one crime may be admitted at the trial for another. The present rule in Pennsylvania is that consolidation is proper ... if (1) the facts and elements of the two crimes are easily separable in the minds of the jury; and (2) the crimes are such that the fact of the commission of each crime would be admissible as evidence in a separate trial for the other. (Citations omitted). Commonwealth v. Galloway, id., 302 Pa.Super. at 154, 448 A.2d at 573 (quoting Commonwealth v. Terrell, 234 Pa.Super. 325, 328 , 339 A.2d 112, 114 (1975). See also, Commonwealth v. Boyd, 315 Pa.Super. 308 , 461 A.2d 1294 (1983); Commonwealth v. Matthews, 314 Pa.Super. 38 , 460 A.2d 362 (1983).”
3 later decisions quote this exact passage“. . . a spontaneous declaration by a person whose mind has been suddenly made subject to an overpowering emotion caused by some unexpected and shocking occurrence, which that person had just participated in or closely witnessed, and made in reference to some phase of that occurrence which he perceived, and this declaration must be so near the occurrence both in time and place as to exclude the likelihood of its having emanated in whole or in part from his reflective faculties.”
3 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.