359 Pa. Super. 423 - Commonwealth v. Scheinert’s Empirical Analysis
1986
Citation profile
17 state decisions
How this case has been cited
Cited by 19 later decisions — most recently October 2022
17 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. Lutz · Commonwealth v. Armstrong · 226 Pa. Super. 203 - Commonwealth v. Shoemaker · 233 Pa. Super. 77 - Commonwealth v. Tisdale · 307 Pa. Super. 535 - Commonwealth v. Knepp
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Pennsylvania, prior unadjudicated arrests may properly be considered at sentencing provided the arrests are not regarded as establishing criminal conduct. Commonwealth v. Shoemaker, 226 Pa.Super. 203 , 313 A.2d 342 (1973). Even arrests which resulted in acquittals may be considered at sentencing so long as the judge is aware of the acquittal. Commonwealth v. Tisdale, 233 Pa.Super. 77 , 334 A.2d 722 (1975). Likewise, ARD participation may be considered by the sentencing judge as an appro priate sentencing factor. Commonwealth v. Knepp, [ 307 Pa.Super. 535 , 453 A.2d 1016 (1982)]. ... [i]n Commonwealth v. Potts, 352 Pa.Super. 299, 301 , 507 A.2d 1239, 1240 (1986), this Court explained that ’75 Pa.C.S.A. § 3731(e)(2) defines the term conviction for sentencing purposes under the act____’ In other words, the term ‘conviction’ has a special meaning under the act which is separate and distinct from the ordinary meaning of the word in other contexts. See also Commonwealth, Dept. of Trans. v. McDevitt, 57 Pa.Cmwlth. 589 , 427 A.2d 280 (1981), aff'd 500 Pa. 532 , 458 A.2d 939 (1983) (‘participation in ARD program shall be considered a conviction for purposes of determining whether a person is a habitual offender under Section 1542 of the Vehicle Code’). The legislature has not turned the nonadjudicatory ARD into a conviction. Rather, it has designated two separate sentencing factors (A.R.D. participation or a prior conviction) as being equally adequate to trigger the imposition of a”
1 later decision quote this exact passage · from the concurrence
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.