Commonwealth v. Foster’s Empirical Analysis
2011
Citation profile
59
cited by 59 later decisions
1
states following
February 2026
most recently cited
57 state decisions
Relationships
Relies on Apprendi v. New Jersey · Schriro Director Arizona Department of Corrections v. Summerlin · Commonwealth v. Clair · Commonwealth v. Tuladziecki · Commonwealth v. Freeman
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Consistent, then, with this Court’s jurisprudence in this area of the law throughout the years, legality of sentence issues occur generally either: (1) when a trial court’s traditional authority to use discretion in the act of sentencing is somehow affected, see e.g. In re M.W., 725 A.2d at 731 (holding that, when a sentencing issue “centers upon a court’s statutory authority” to impose a sentence, rather than the “court’s exercise of discretion in fashioning” the sentence, the issue raised implicates the legality of the sentence imposed); and/or (2) when the sentence imposed is patently inconsistent with the sentencing parameters set forth by the General Assembly.”
1 later decision quote this exact passage · from the concurrence“To the degree [the lead opinion] reflects that review of legality-of-sentence claims has been made available in limited categories of cases beyond those involving claims that sentences exceeded statutory máximums — despite non-adherence to ordinary principles of issue preservation and presentation — I support its reasoning and holding. To the extent, however, the lead opinion conceives a rule of general application and/or sanctions, as the reviewability litmus, application of the dichotomy between claims of legal error and discretionary aspects of sentencing ... I hold a different view similar to that of Mr. Chief Justice Castille.”
1 later decision quote this exact passage · from the concurrence“only implicated when a sentencing court’s inherent, discretionary authority to wield its statutorily prescribed sentencing powers is supplanted, abrogated, or otherwise limited, or the legislature’s intent in fashioning a sentence has been potentially misapplied. In our view, there is little doubt that when a sentencing court has no alternative but to impose a certain minimum sentence, its authority to act has been infringed upon. Thus, under this Commonwealth’s jurisprudence, any challenge thereunder must relate to a sentence’s legality.”
1 later decision quote this exact passage · from the majority
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.