392 Pa. Super. 380 - Commonwealth v. Rich’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The “contemporaneous written statement” requirement applicable when a sentence deviates from the guidelines is distinguishable from the general requirement in both Superior Court case law and § 9721(b) that the record contain the reasons for any sentence imposed for a felony or misdemeanor. Thus the rationale underlying our Supreme Court’s decision in Commonwealth v. Devers, 519 Pa. 88 , 546 A.2d 12 (1988), ... is inapplicable in this case.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 406 Pa. Super. 321 - Commonwealth v. Kephart · 420 Pa. Super. 565 - Commonwealth v. Dutter

2. “factual basis and specific reasons which compelled the court to deviate from the sentencing range.”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Moyer · 443 Pa. Super. 296 - Commonwealth v. Impellizzeri

3. “The court’s statement of reasons for deviating from the guidelines serves not only as a record of the court’s rationale for the deviation but also as evidence that the court considered the guidelines. We cannot analyze whether there are adequate reasons for the deviation unless it is first apparent that the court was aware of, and considered, the guidelines.”

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