green
Positive treatment
Issue: relied on improper factorsPA ↗
Issue: four part analysisPA ↗
Issue: merits of his sentencing claimPA ↗
Issue: four-pronged analysisPA ↗
Quoted verbatim 2×
44.6 score
G Cite
cited 2× by 2 distinct cases ·
…allegation that the sentencing court focused exclusively on the seriousness of the crime - 12 - j-s68005-14 raises at least a plausible argument that the sentencing court did not follow the requirements of section 9721
at p. 411
⚠ not in text
cited 2× by 2 distinct cases ·
…argument that his version of the events was more credible than the commonwealth's version goes to the weight of the evidence, not its sufficiency.
at p. 409
⚠ not in text
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012
2019
2026
Top citers, strongest first. 33 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
Com. v. Wright, T.
allegation that the sentencing court focused exclusively on the seriousness of the crime - 12 - j-s68005-14 raises at least a plausible argument that the sentencing court did not follow the requirements of section 9721
examined
Cited as authority (verbatim quote)
Com. v. Wright, T.
allegation that the sentencing court focused exclusively on the seriousness of the crime - 12 - j-s68005-14 raises at least a plausible argument that the sentencing court did not follow the requirements of section 9721
discussed
Cited as authority (rule)
Com. v. Jackson, T.
This Court has held that “an allegation that the sentencing court focused exclusively on the seriousness of the crime raises a substantial question for review on appeal.” Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa.Super. 2012) (en banc).
discussed
Cited as authority (rule)
Com. v. Blazier, R.
In addition, an allegation that the sentencing court focused exclusively on the seriousness of the crime raises a substantial question for review on appeal.” Com. v. Lewis, 45 A.3d 405, 411 (Pa.Super. 2012).
discussed
Cited as authority (rule)
Com. v. Bonafide, N.
In reviewing a sentence on appeal, the appellate court shall vacate the sentence and remarid the case to the sentencing court with instructions if it finds: (1) the sentencing court purported to sentence within the sentencing guidelines but applied the guidelines erroneously; (2) the sentencing court sentenced within the sentencing guidelines but the case involves circumstances where the application of the guidelines would be clearly unreasonable; or (3) the sentencing court sentenced outside the sentencing guidelines and the sentence is unreasonable, In all other cases{,] the appellate court …
cited
Cited as authority (rule)
Com. v. Stouter, J., Jr.
Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa. Super. 2012).
cited
Cited as authority (rule)
Com. v. Armstrong, M.
Commonwealth v. Lewis, 45 A.3d 405, 409 (Pa. Super.
discussed
Cited as authority (rule)
Com. v. Knox, L.
Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa.Super. 2012) (en banc) (finding that allegations that the sentencing court focused exclusively on the seriousness of the crime raises a plausible argument that the court did not follow the requirements of section 9721 of Sentencing Guidelines); see also Commonwealth v. Downing, 990 A.2d 788, 792 (Pa.Super. 2010) (holding that a claim that the court relied on improper factor raises substantial question).
discussed
Cited as authority (rule)
Com. v. Knox, L.
Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa.Super. 2012) (en banc) (finding that allegations that the sentencing court focused exclusively on the seriousness of the crime raises a plausible argument that the court did not follow the requirements of section 9721 of Sentencing Guidelines); see also Commonwealth v. Downing, 990 A.2d 788, 792 (Pa.Super. 2010) (holding that a claim that the court relied on improper factor raises substantial question).
cited
Cited as authority (rule)
Com. v. Newsome, B.
See Pa.R.Crim.P. 607; Commonwealth v. Lewis, 45 A.3d 405, 410 (Pa. Super. 2012) (en banc).
discussed
Cited as authority (rule)
Com. v. Wilson, T.
Id., citing Commonwealth v. Lewis, 45 A.3d 405, 411-413 (Pa. Super. 2012) (affirming statutory maximum sentence of not less than ten nor more than twenty years’ incarceration for Lewis’ PWID conviction where it was his sixth PWID conviction and he sold drugs since he was seventeen years old).
cited
Cited as authority (rule)
Com. v. Cabrera, A.
Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa.Super. 2012).
discussed
Cited as authority (rule)
Com. v. Street, L.
Zeigler, supra; Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa.Super. 2012) (en banc) (an allegation that the sentencing court focused exclusively on the seriousness of the crime raises a substantial question); Commonwealth v. Macias, 968 A.2d 773, 776 (Pa.Super. 2009) (“an averment that the court sentenced based solely on the seriousness of the offense and failed to consider all relevant factors raises a substantial question.” (citations omitted)).
discussed
Cited as authority (rule)
Com. v. Chess, W.
Prior to reaching the merits of a discretionary sentencing issue: [W]e conduct a four part analysis to determine: (1) whether appellant has filed a timely notice of appeal, see Pa.R.A.P. 902 and 903; (2) whether the issue was properly preserved at sentencing or in a motion to reconsider and modify sentence, see Pa.R.Crim.P. [720]; (3) whether appellant’s brief has a fatal defect, Pa.R.A.P. 2119(f); and (4) whether there is a substantial question that the sentence appealed from is not appropriate under the Sentencing Code, 42 Pa.C.S.A. § 9781(b). -6- J-S33004-16 Commonwealth v. Lewis, 45 A.3…
discussed
Cited as authority (rule)
Com. v. Sanchez, D.
(2×)
also: Cited "see"
Commonwealth v. Lewis, 45 A.3d 405, 410 (Pa. Super. 2012) (en banc) (some citations omitted).
cited
Cited as authority (rule)
Com. v. Yingling, C.
Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa. Super. 2012) (citation omitted).
cited
Cited as authority (rule)
Com. v. Dehart, Jr., R.
Commonwealth v. Lewis, 45 A.3d 405, 410 (Pa. Super. 2012).
cited
Cited as authority (rule)
Com. v. Depaula, R.
Commonwealth v. Lewis, 45 A.3d 405, 408 (Pa. Super. 2012).
discussed
Cited as authority (rule)
Commonwealth v. Cruz
(2×)
also: Cited "see"
Commonwealth v. Lewis, 45 A.3d 405, 408 (Pa.Super.2012).
cited
Cited as authority (rule)
Commonwealth v. Griffin
Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa.Super.2012).
discussed
Cited as authority (rule)
Commonwealth v. Glass
(2×)
Commonwealth v. Lewis, 45 A.3d 405, 410 (Pa.Super.2012).
discussed
Cited "see"
Com. v. Elvin, E.
See Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa. Super. 2012) (concluding appellant raised a substantial question by alleging the sentencing court focused exclusively on one sentencing factor); Commonwealth v. G.D.M., 926 A.2d 984, 991 (Pa. Super. 2007) (recognizing a substantial question exists where appellant claimed a manifestly excessive sentence resulted from the imposition of consecutive sentences).
discussed
Cited "see"
Com. v. Ritter, A.
See Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa. Super. 2012) (en banc) (claim that sentencing court focused exclusively on seriousness of offense raised substantial question); Commonwealth v. Downing, 990 A.2d 788, 793 (Pa. Super. 2010) (failure to consider rehabilitative needs and protection of society raised substantial question); Commonwealth v. Bromley, 862 A.2d 598, 604 (Pa. Super. 2004) (substantial question existed where appellant claimed trial court sentenced in aggravated-range without adequate reasons).
discussed
Cited "see"
Com. v. Velez, J.
(2×)
See Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa. Super. 2012) (finding allegations that the sentencing court focused exclusively on the seriousness of the crime raises a substantial question); Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014) (stating that a sentencing court’s failure to consider mitigating circumstances raises a substantial question); Commonwealth v. Caldwell, 117 A.3d 763, 770 (Pa. Super. 2015) (stating that a claim that a sentence was excessive in light of certain mitigating factors raises a substantial question). -4- J-S37012-21 We therefore proceed to the meri…
discussed
Cited "see"
Com. v. Skinner, K.
See Commonwealth v. Lewis, 45 A.3d 405, 409 (Pa. Super. 2012) (appellant’s “argument that his version of the events was more credible than the Commonwealth’s version goes to the weight of the evidence, not its sufficiency.”).
discussed
Cited "see"
Com. v. Groves, L.
See Commonwealth v. Lewis, 45 A.3d 405, 409 (Pa. Super. 2012) (appellant’s “argument that his version of the events was more credible than the Commonwealth’s version goes to the weight of the evidence, not its sufficiency.”).
discussed
Cited "see"
Com. v. Akhmedov, K.
See Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa. Super. 2012). [W]here the sentencing judge had the benefit of a presentence investigation report, it will be presumed that he or she was aware of the relevant information regarding the defendant’s character and weighed those considerations along with mitigating statutory factors.
discussed
Cited "see"
Com. v. Lewis, K.
See Commonwealth v. Lewis, 45 A.3d 405, 410 (Pa. Super. 2012) (en banc) (“In order to preserve a claim of weight of the evidence for appellate review, the issue must be raised with the trial judge in a motion for a new trial either orally prior to sentencing, by written motion prior to sentencing, or in a post-sentence motion.”) (citing Pa.R.Crim.P. 607).
discussed
Cited "see"
Com. v. Martin, C.
See Commonwealth v. Lewis, 45 A.3d 405, 410 (Pa. Super. 2012) (en banc) (“In order to preserve a claim of weight of the evidence for appellate review, the issue must be raised with the trial judge in a motion for a new trial either orally prior to sentencing, by written motion prior to sentencing, or in a post- sentence motion.”) (citing Pa.R.Crim.P. 607).
cited
Cited "see"
Com. v. Samuels, J.
See Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa.Super.2012) (Appellant raised substantial question by alleging that sentencing court focused exclusively on seriousness of his crime).
discussed
Cited "see, e.g."
Com. v. Hopper, J.
See also 204 Pa. Code § 303.9 (stating that “[w]hen the [guidelines] sentence recommendation is higher than that required by a mandatory sentencing statute, the court shall consider the guideline[s] sentence recommendation”). … Brown, 240 A.3d at 973-74 (emphasis in original) (quoting Lewis, 45 A.3d at 411-12 ).
discussed
Cited "see, e.g."
Com. v. Hynson, J.
See also Commonwealth v. Lewis, 45 A.3d 405, 409 (Pa.Super. 2012) (reiterating that sufficiency of evidence review does not include assessment of credibility of witness’ testimony; if challenge requires court to review credibility of witness’ testimony, claim is actually weight of evidence challenge).
cited
Cited "see, e.g."
Com. v. Pozza, A.
In all other cases[,] the appellate court shall affirm the sentence imposed by the sentencing court. 42 Pa.C.S.A. § 9781; see also Commonwealth v. Lewis, 45 A.3d 405, 411 (Pa. Super. 2012).
Retrieving the full opinion text from the archive…
Carole L. SCHEIB, a Married Woman
v.
AP REALTY, INC., a Subsidiary of Bank of N.Y. Mellon, N.A.
v.
AP REALTY, INC., a Subsidiary of Bank of N.Y. Mellon, N.A.
No. 81 WAL 2012.
Supreme Court of Pennsylvania.
May 31, 2012.
Published
ORDER
PER CURIAM.AND NOW, this 31st day of May, 2012, the Application for Leave to File a Reply and the Petition for Allowance of Appeal are hereby DENIED.