Commonwealth v. Bess’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where a minimum sentence is statutorily mandated, a sentencing court lacks the authority to impose a sentence less severe than dictated by the legislature. Moreover, a sentencing court may not reassess the facts upon which it previously relied to establish guilt. However, before imposing a mandatory minimum sentence, a sentencing court must determine whether the offense for which the defendant was convicted falls within the parameters of the sentencing scheme. This requires a separate determination by the sentencing court. 18 Pa.C.S.A. § 7508(b) provides: Provisions of (the Mandatory Minimum Sentence) shall not be an element of the crime.... The applicability of this section shall be determined at sentencing. The court shall consider evidence presented at trial, shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable.”

   1 later decision quote this exact passage
   e.g. 2003 Pa. Super. 49 - Commonwealth v. Ryerson

2. “To prevail on a claim that counsel was ineffective, Appellant must demonstrate that (1) the underlying claim is of arguable merit; (2) counsel’s course of conduct was without a reasonable basis designed to effectuate his interest; and (3) that he was prejudiced by counsel’s ineffectiveness, i.e.[,] if not for counsel’s ineffectiveness, there is a reasonable probability that the outcome of the trial would have been different. Counsel is presumed effective and Appellant has the burden to prove otherwise.”

   1 later decision quote this exact passage
   e.g. 2003 Pa. Super. 170 - Commonwealth v. Cappello

3. ““Whether the mandatory minimum sentence applies is the sole province of the judge at the sentencing hearing. Commonwealth v. Glenn, 450 Pa. Super. 130 , 675 A.2d 343 (1996). Thus, any request of the court to find that appellant had less than the amount of cocaine required by statute would have to have been made to the sentencing court and not by the jury.””

   1 later decision quote this exact passage · from the majority
   e.g. 69 Pa. D. & C.4th 481 - Commonwealth v. Dalton