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Top citers, strongest first. 23 distinct citers.
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cited
Cited as authority (rule)
Com. v. Sizemore, P.
Commonwealth v. Butler, 190 A.3d 581, 582 (Pa. 2018).
discussed
Cited as authority (rule)
Com. v. Davis, J.
Commonwealth v. Butler, 190 A.3d 581, 582 (Pa. 2018) (brackets in original). -4- J-S05001-19 A panel of this Court subsequently applied Muniz in Butler, 173 A.3d 1212, 1217 (Pa. Super. 2017), holding that trial courts cannot constitutionally apply SORNA’s SVP determination procedures.
discussed
Cited as authority (rule)
Com. v. Ivy, G.
(2×)
also: Cited "see"
Commonwealth v. Butler, 190 A.3d 581, 582 (Pa. 2018).
discussed
Cited as authority (rule)
Com. v. Clark, V.
(2×)
also: Cited "see"
Commonwealth v. Butler, 190 A.3d 581, 582 (Pa. 2018).
discussed
Cited as authority (rule)
Com. v. Scott, R.
We note the Pennsylvania Supreme Court granted allowance of appeal in Butler on the issue that this Court “erred in vacating the trial court’s Order finding [Respondent] to be [a Sexually Violent Predator (“SVP”)] by extrapolating the decision in [Commonwealth v. Muniz, 640 Pa. 699 , 164 A.3d 1189 (2017),] to declare SVP hearings and designations unconstitutional under 42 Pa.C.S. § 9799.24(e)(3).” Commonwealth v. Butler, 190 A.3d 581, 582 (Pa. 2018).
cited
Cited as authority (rule)
Com. v. Baynes, D.
Commonwealth v. Butler, 190 A.3d 581, 582 (Pa. 2018).
cited
Cited as authority (rule)
Com. v. Madera, E.
Commonwealth v. Butler, 190 A.3d 581, 582 (Pa. 2018).
cited
Cited as authority (rule)
Com. v. Brown, P.
Butler, supra, 190 A.3d at 582. -9- J-S53025-18 Commonwealth v. Montgomery, 181 A.3d 359, 363 (Pa. Super. 2018) (en banc), appeal denied, 190 A.3d 1134 (Pa. 2018).
cited
Cited "see"
Com. v. Rodriguez, U.
See Commonwealth v. Rodriguez, 190 A.3d 581 (Pa. 2018) (Table).
cited
Cited "see"
Com. v. Metheny, B.
See Commonwealth v. Butler, 190 A.3d 581 (Pa. 2018) (Table). 3 Metheny’s post-sentence motion to modify his sentence was still pending when he filed his notice of appeal.
cited
Cited "see"
Com. v. Ewing, P.
See Commonwealth v. Butler, 173 A.3d 1212, 1218 (Pa. Super. 2017) (appeal granted 190 A.3d 581 (Pa. 2018)).
discussed
Cited "see"
Com. v. Gadson, C.
See [Commonwealth v.] Butler, [ 173 A.3d 1212 (Pa. Super. 2017) (addressing legality of the appellant’s SVP status), petition for allowance of appeal granted, 190 A.3d 581 , 47 WAL 2018 (Pa. filed 7/31/18)5].” Id. at *3.
discussed
Cited "see"
Com. v. Butcher, W.
See Commonwealth v. Butler, 173 A.3d 1212, 1213 (Pa.Super. 2017) (finding this Court may raise the issue of whether Muniz made sentence illegal sua sponte), pet. for allowance of appeal granted 190 A.3d 581 (Pa. 2018); Commonwealth v. Wood, --- A.3d ----, 2019 PA Super 117 , at *6 (Pa.Super. filed Apr. 15, 2019) (en banc) (noting appellant was convicted for failing to comply with registration requirements under SORNA and that he argued his sentence for failing to comply was illegal pursuant to Muniz and concluding that application of SORNA to him violated the ex post facto clause because it in…
cited
Cited "see"
Com. v. Phillips, L.
See Commonwealth v. Butler, 190 A.3d 581 (Pa. 2018).] Memorandum and Order, 6/15/2018, at 1-4 (Footnote 3 omitted).
cited
Cited "see"
Commonwealth v. Adams-Smith
See Commonwealth v. Butler , 173 A.3d 1212 , 1217 (Pa.Super. 2017), appeal granted , --- Pa. ----, 190 A.3d 581 (2018).
discussed
Cited "see"
R.J. Smolsky v. T.C. Blocker, Commissioner of the PA State Police of the Comwlth of PA
In his Petition for Review, Mr. Smolsky avers that in October 1989, he 2 The Muniz Court held that retroactive application of SORNA’s registration provisions violates the ex post facto clauses of the United States and Pennsylvania Constitutions. 164 A.3d at 1223-25 ; accord Com. v. Butler, 173 A.3d 1212, 1215 (Pa. Super. 2017) (“Muniz was a sea change in the longstanding law of this Commonwealth[,] as it determined that the registration requirements under SORNA are not civil in nature but a criminal punishment.”), appeal granted, 190 A.3d 581 (Pa. 2018).
discussed
Cited "see"
Com. v. Ramos, A.
See Trial Court Opinion, 12/26/17, at 9-10.6 In addition, we conclude that the trial court did not abuse its discretion in fixing Appellant’s sentence and we again adopt the trial court’s apt discussion of this claim. 7 See Id. at 11-13. ____________________________________________ 6 To the trial court’s conclusion that Appellant was well aware of both the nature and consequences of his guilty plea, we add only that, unlike the situation before this Court in Commonwealth v. Hart, 174 A.3d 660 (Pa. Super. 2017), in which we invalidated a guilty plea where the defendant was not advised of …
discussed
Cited "see"
Com. v. Salam, Z.
See Commonwealth v. Randal, 837 A.2d 1211 (Pa.Super. 2003) (en banc) (explaining challenges to illegal sentence cannot be waived, assuming jurisdiction is proper). -3- J-S53041-18 Apprendi and Alleyne, a factual finding, such as whether a defendant has a mental abnormality or personality disorder that makes him…likely to engage in predatory sexually violent offenses, that increases the length of registration must be found beyond a reasonable doubt by the chosen fact-finder.”4 Commonwealth v. Butler, 173 A.3d 1212, 1217 (Pa.Super. 2017), appeal granted, ___ Pa. ___, 190 A.3d 581 (2018) (int…
cited
Cited "see, e.g."
Com. v. Gonzalez, J.
See also Commonwealth v. Butler, 173 A.3d 1212 (Pa.Super. 2017), appeal granted, ___ Pa. ___, 190 A.3d 581 (2018) (addressing legality of appellant’s SVP status sua sponte).
discussed
Cited "see, e.g."
Com. v. Firpi, C.
See also Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (stating that SORNA’s registration requirements are to be considered part of a defendant’s sentence), appeal granted, 190 A.3d 581 (Pa. 2018).
discussed
Cited "see, e.g."
Com. v. Lemanski, B.
See also Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (stating that SORNA’s registration requirements are to be considered part of a defendant’s sentence), appeal granted, 190 A.3d 581 (Pa. 2018).
discussed
Cited "see, e.g."
Com. v. Wilson, K.
See also Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (stating that SORNA’s registration requirements are to be considered part of a defendant’s sentence), appeal granted, 190 A.3d 581 (Pa. 2018).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
Derrick JACKSON
v.
Derrick JACKSON
No. 76 MAL 2018.
Supreme Court of Pennsylvania.
Jul 31, 2018.
190 A.3d 581
Published
PER CURIAM.
AND NOW, this 31st day of July, 2018, the Petition for Allowance of Appeal is DENIED.