relied on impermissible factors (Pennsylvania) · Go Syfert
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relied on impermissible factors in Pennsylvania

5 Pennsylvania opinions name it 1 courts 2011–2024 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Commonwealth v. Felmleegreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Allen, supra. See also Commonwealth v. Felmlee, 828 A.2d 1105, 1107 (Pa.Super. 2003) (en banc) (stating substantial question is raised where appellant alleges sentencing court imposed aggravated range sentence without adequately considering mitigating factors).

11
Commonwealth v. Allengreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Allen, supra. See also Commonwealth v. Felmlee, 828 A.2d 1105, 1107 (Pa.Super. 2003) (en banc) (stating substantial question is raised where appellant alleges sentencing court imposed aggravated range sentence without adequately considering mitigating factors).

11
Commonwealth v. Garzonegreen
pa · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Here, however, Clement “challenges the discretionary amount of costs the sentencing court imposed because the court relied on impermissible factors and because the amount was unsupported and excessive in light of the record.” Appellant’s Amended Brief, at 1; see id. at i (“The [t]rial [c]ourt [a]bused its [d]iscretion in [c]harging Mr. Clement with the [c]osts of the [o]ffender-[s]upervision [f]ee.”).7 Accordingly, we interpret Clement’s challenge as one attacking the court’s discretion to impose the supervision fee and not its legal authority to do so.

11
Commonwealth v. McNabbgreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Commonwealth v. McNabb, 819 A.2d 54, 56-57 (Pa. Super. 2003).

11
Commonwealth v. Mouzongreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011See Commomvealth v. Mouzon, 571 Pa. 419 , 812 A.2d 617 (2002); Miller, supra. The sentencing court has broad discretion in sentencing a defendant.

2011See Commomvealth v. Mouzon, 571 Pa. 419 , 812 A.2d 617 (2002); Miller, supra. The sentencing court has broad discretion in sentencing a defendant.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Commonwealth v. Daniel green
pasuperct · 2011
2 sentences

2015While this claim has been found to raise a substantial question, Commonwealth v. Daniel, 30 A.3d 494 (Pa. Super. 2011), Leatherby fails to expand upon this claim in the argument section of his brief.

2015While this claim has been found to raise a substantial question, Commonwealth v. Daniel, 30 A.3d 494 (Pa.Super.2011), Leatherby fails to expand upon this claim in the argument section of his brief.

12015–2015
Commonwealth v. Miller green
pasuperct · 2003
1 sentence

2011See Commomvealth v. Mouzon, 571 Pa. 419 , 812 A.2d 617 (2002); Miller, supra. The sentencing court has broad discretion in sentencing a defendant.

12011–2011

Where else courts name it

PA 5 (2011–2024) IA 3 (2020–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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