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← 369 Pa. Super. 192 - Commonwealth v. Losch

369 Pa. Super. 192 - Commonwealth v. Losch’s Empirical Analysis

1987

Citation profile

121
cited by 121 later decisions
1
states following
July 2021
most recently cited

121 state decisions

How this case has been cited

Cited by 121 later decisions — most recently July 2021 · most notably 386 Pa. Super. 322 - Commonwealth v. Williams (1989), 2010 Pa. Super. 46 - Commonwealth v. Moury (2010)

121 state decisions

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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 North Carolina v. Pearce · Santobello v. New York · Bordenkircher v. Hayes · Blackledge v. Allison · Skipper v. South Carolina

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.

  1. “What constitutes a “substantial question” under section 9781(b) must be evaluated on a case by case basis. However, we will be inclined to allow an appeal where an appellant advances a colorable argument that the trial judge’s actions were: 1) inconsistent with a specific provision of the Sentencing Code; or 2) contrary to the fundamental norms which underlie the sentencing process.”
    13 later decisions quote this exact passage · from the concurrence
  2. “[sentencing is a matter vested in the sound discretion of the trial court and the lower court’s judgment of sentence will not be disturbed by an appellate court absent an abuse of [that] discretion. To constitute an abuse of discretion, a sentence must either exceed the statutory limits or be patently excessive. [Further,] [w]hen reviewing sentencing matters, we must accord the sentencing court great weight as it is in the best position to view the defendant’s character, displays of remorse, defiance or indifference, and the overall effect and nature of the crime.”
    3 later decisions quote this exact passage
  3. ““Additionally, Pa.R.A.P. 2119(f) commands that: [a]n appellant who challenges the discretionary aspects of a sentence in a criminal matter shall set forth in his brief a concise statement of the reasons relied upon for allowance of appeal with respect to the discretionary aspects of a sentence. The statement shall immediately precede the argument on the merits with respect to the discretionary aspects of sentence.””
    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.