Boofer v. Lotz’s Empirical Analysis

Citation profile

9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “an individual’s wages may be attached ‘upon an action or proceeding 1 for restitution and costs. 42 Pa.C.S. § 8127(a). Where a defendant has defaulted in the payment of restitution and costs, the proper ‘action or proceeding’ is one under section 9730(b) of the Sentencing Code, which provides: (1) If a defendant defaults in the payment of a fíne, court costs or restitution after imposition of sentence, the issuing authority or a senior judge or senior district justice appointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay .... (3) If the issuing authority, senior judge or senior district justice determines that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior district justice may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior district justice shall consider the defendant’s financial resources, the defendant’s ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant .... 42 Pa.C.S. § 9730(b) ....”

   1 later decision quote this exact passage
   e.g. Harvey v. Department of Corrections

2. “The county correctional facility to which the offender has been sentenced or the Department of Corrections shall be authorized to make monetary deductions from inmate personal accounts for the purpose of collecting restitution or any other court-ordered obligation. Any amount deducted shall be transmitted by the Department of Corrections or the county correctional facility to the probation department of the county or other agent designated by the county commissioners of the county with the approval of the president judge of the counly in which the offender was convicted. The Department of Corrections shall develop guidelines relating to its responsibilities under this paragraph.”

   1 later decision quote this exact passage
   e.g. 2004 Pa. Super. 345 - Commonwealth v. Jackson

3. “Section 9728(b) of the Sentencing Code does not authorize the clerk of courts to request twenty percent or any other amount as an installment payment. Thus, [the Clerk of Court] had no legal basis for requesting a twenty-percent deduction from Boofer’s earnings. Moreover, the Department ... does not have any independent authority to determine the amount of the installment payment.”

   1 later decision quote this exact passage
   e.g. Harvey v. Department of Corrections