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At page 1222 [A]s section 9738 makes clear, before victim impact statements may be admitted at a sentencing hearing, there first must be an identifiable victim of the crime for which the defendant was convicted.2 citing cases
- Commonwealth, Aplt. v. Ali, R., 149 A.3d 29 (Pa. 2016).published ([A]s section 9738 makes clear, before victim impact statements may be admitted at a sentencing hearing, there first must be an identifiable victim of the crime for which the defendant was convicted.)
- Com. v. Campbell, M., No. 1744 WDA 2015 (Pa. Super. Ct. Oct. 28, 2016).unpublished “We review challenges to the admission of victim impact statements for an abuse of discretion.” Ali, 112 A.3d at 1222 (citation omitted).
At page 1224 cited at this page1 citing case
- Com. v. Cooper, S., No. 499 MDA 2016 (Pa. Super. Ct. Nov. 22, 2016).unpublished Where[ ] a trial court relies upon an impermissible factor, in whole or in part, new sentencing must be afforded.” Ali, 112 A.3d at 1224 (internal alteration, quotation marks, and citations omitted; emphasis added). 6 It is clear from the…
At page 1230 cited at this page1 citing case
- Commonwealth v. Giordano, 121 A.3d 998 (Pa. Super. Ct. 2015).publishedAli, 112 A.3d at 1230 (2015) (determining whether sentence enhancement for drugs offenses near elementary and secondary schools applied).
Other citing cases
- Com. v. Rivera, J., No. 3067 EDA 2015 (Pa. Super. Ct. July 20, 2016).unpublished
- Com. v. Zeldich, L., No. 2641 EDA 2014 (Pa. Super. Ct. Dec. 7, 2015).unpublished
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
Wayne Patrick SHOWER
v.
Wayne Patrick SHOWER
Supreme Court of Pennsylvania.
Apr 8, 2015.
Published opinion
Cited by 2 opinions | Published
ORDER
PER CURIAM.AND NOW, this 8th day of April, 2015, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:
(1) Whether the Superior Court’s application of its decision Commonwealth v. Hainesworth to the instant cases impermissibly expanded the contract clause to bind the Commonwealth to collateral consequences over which the Commonwealth has no control?