393 Pa. Super. 277 - Commonwealth v. McLaughlin’s Empirical Analysis
1990
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently March 2018 · most notably 421 Pa. Super. 548 - Stidham v. Millvale Sportsmen's Club (1992), Commonwealth v. Runion (1995)
36 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 Draper v. Washington · Commonwealth v. Tuladziecki · Commonwealth v. Devers · Commonwealth v. Davis · Commonwealth v. McNeil
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Restitution is within the discretion of the sentencing court but must be supported by the record, and the court must determine the loss or damages resulting from the defendant’s conduct, the amount of compensation the defendant can afford to pay and how such amount shall be paid. An award for restitution should not be speculative or excessive. There is no requirement that the reasons for ordering restitution be set forth at sentencing. [Citations omitted].”
2 later decisions quote this exact passage“In McLaughlin , the defendant entered a bar and repeatedly fired his shotgun, killing one person and injuring three others. He subsequently pled guilty to third-degree murder, three counts of aggravated assault, recklessly endangering another person, and criminal mischief. Prior to sentencing, the Commonwealth filed notice of its intention to proceed under the provisions of 42 Pa.C.S.A. § 9712(b), requiring mandatory minimum sentences of at least five years for the commission of third degree murder and aggravated assault while visibly possessing a firearm. He was sentenced to a term of 10 to 20 years on the murder charge, 3 terms of 5 to 10 years for aggravated assault, 1 to 2 years for reckless endangerment and 6 months to 1 year for criminal mischief, with the first three counts running consecutive to each other and the other three counts running concurrently with the first three. On appeal, the [appellant] argued the sentencing court rendered an illegal sentence in imposing four mandatory minimum sentences for crimes arising out of a single criminal episode involving visible possession of a firearm. He claimed the sentence violated the legislative intent behind the mandatory minimum sentencing provisions and the double jeopardy clause of the Fifth Amendment of the United States Constitution. The defendant averred that Section 9716 was applicable, which states that when two or more sections requiring mandatory minimum sentences are applicable, a court must impose the greate”
1 later decision quote this exact passage“inflammatory statements, while having a prejudicial effect on lay people such as jurors, are unlikely to have a significant effect on an experienced trial judge as here.”
1 later decision quote this exact passagee.g. Com. of Pa. v. King
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.