430 Pa. Super. 203 - Commonwealth v. Kane’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] defendant should not be subject to a sentence of increased severity for recidivism unless he has had the benefit of the reproof of a first conviction prior to committing the second offense.”

   4 later decisions quote this exact passage
   e.g. 432 Pa. Super. 97 - Commonwealth v. Jones · 453 Pa. Super. 124 - Commonwealth v. Ahlborn

2. “Consistent with the theory underlying the principle of recidivist penalties, the rules of statutory construction and the pronouncements in this Commonwealth, we conclude that in order to apply recidivist or enhancement provisions for sentencing purposes under the statute in question, a defendant must be convicted of the prior offense before the commission of the subsequent offense.”

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

3. “[l]egislation authorizing the imposition of increased punishment on recidivists is directed at those who persist in criminality after once having been convicted of an offense. It is thus generally essential that the alleged conviction shall have preceded the date of the offense for which the increased punishment is sought to be imposed.”

   1 later decision quote this exact passage
   e.g. 431 Pa. Super. 167 - Commonwealth v. Williams