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8 Pennsylvania opinions name it 1 courts 2007–2021 2 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Popowgreen2 sentences2015In re M.W., 725 A.2d at 732 (holding that restitution imposed as a direct sentence under 18 Pa.C.S.A. § 1106(a) must result directly from the crime); Commonwealth v. Popow, 844 A.2d 13, 19 (Pa. Super. 2004) (holding restitution for medical bills was improper under § 1106(a) due to lack of direct causation where appellant was acquitted of cutting victim and only convicted of threatening him); Commonwealth v. Walker, 666 A.2d 301, 310 (Pa. Super. 1995) (holding restitution for medical bills was proper under § 1106(a) because appellant’s drunk driving caused a two-car accident which directly inju 2007In re M.W., 725 A.2d at 732 (holding that restitution imposed as a direct sentence under 18 Pa.C.S.A. § 1106(a) must result directly from the crime); Commonwealth v. Popow, 844 A.2d 13, 19 (Pa.Super.2004) (holding restitution for medical bills was improper under § 1106(a) due to lack of direct causation where appellant was acquitted of cutting victim and only convicted of threatening him); Walker, 666 A.2d at 303, 310 (holding restitution for medical bills was proper under § 1106(a) because appellant’s drunk driving caused a two-car accident which directly injured the occupants of the other ve | 2 | 2 |
Commonwealth v. Fuquagreen2 sentences2015In re M.W., 725 A.2d at 732 (holding that restitution imposed as a direct sentence under 18 Pa.C.S.A. § 1106(a) must result directly from the crime); Commonwealth v. Popow, 844 A.2d 13, 19 (Pa. Super. 2004) (holding restitution for medical bills was improper under § 1106(a) due to lack of direct causation where appellant was acquitted of cutting victim and only convicted of threatening him); Commonwealth v. Walker, 666 A.2d 301, 310 (Pa. Super. 1995) (holding restitution for medical bills was proper under § 1106(a) because appellant’s drunk driving caused a two-car accident which directly inju 2007In re M.W., 725 A.2d at 732 (holding that restitution imposed as a direct sentence under 18 Pa.C.S.A. § 1106(a) must result directly from the crime); Commonwealth v. Popow, 844 A.2d 13, 19 (Pa.Super.2004) (holding restitution for medical bills was improper under § 1106(a) due to lack of direct causation where appellant was acquitted of cutting victim and only convicted of threatening him); Walker, 666 A.2d at 303, 310 (holding restitution for medical bills was proper under § 1106(a) because appellant’s drunk driving caused a two-car accident which directly injured the occupants of the other ve | 2 | 2 |
In Re MWgreen2 sentences2015In re M.W., 725 A.2d at 732 (holding that restitution imposed as a direct sentence under 18 Pa.C.S.A. § 1106(a) must result directly from the crime); Commonwealth v. Popow, 844 A.2d 13, 19 (Pa. Super. 2004) (holding restitution for medical bills was improper under § 1106(a) due to lack of direct causation where appellant was acquitted of cutting victim and only convicted of threatening him); Commonwealth v. Walker, 666 A.2d 301, 310 (Pa. Super. 1995) (holding restitution for medical bills was proper under § 1106(a) because appellant’s drunk driving caused a two-car accident which directly inju 2007In re M.W., 725 A.2d at 732 (holding that restitution imposed as a direct sentence under 18 Pa.C.S.A. § 1106(a) must result directly from the crime); Commonwealth v. Popow, 844 A.2d 13, 19 (Pa.Super.2004) (holding restitution for medical bills was improper under § 1106(a) due to lack of direct causation where appellant was acquitted of cutting victim and only convicted of threatening him); Walker, 666 A.2d at 303, 310 (holding restitution for medical bills was proper under § 1106(a) because appellant’s drunk driving caused a two-car accident which directly injured the occupants of the other ve | 2 | 2 |
Commonwealth v. Harriottgreen2 sentences2015Harriet, 919 A.2d at 237-38 (citations modified). 2015Restitution may be imposed in several situations, including, as applied in this case, as part of a direct sentence under Section 1106(a) of the Crimes Code, or as a condition of probation under Section 9754(c)(8) of the Sentencing Code.7 ____________________________________________ 7 Other settings also permit the imposition of restitution, including as a condition of parole, 18 Pa.C.S.A. § 1106(b), as a condition of intermediate punishment, 42 Pa.C.S.A. § 9763(b)(10), or as an order by the magisterial district judge, 18 Pa.C.S.A. § 1106(d). - 10 - J-A31035-14 The importance of the differences | 2 | 2 |
Commonwealth v. Walkergreen2 sentences2015In re M.W., 725 A.2d at 732 (holding that restitution imposed as a direct sentence under 18 Pa.C.S.A. § 1106(a) must result directly from the crime); Commonwealth v. Popow, 844 A.2d 13, 19 (Pa. Super. 2004) (holding restitution for medical bills was improper under § 1106(a) due to lack of direct causation where appellant was acquitted of cutting victim and only convicted of threatening him); Commonwealth v. Walker, 666 A.2d 301, 310 (Pa. Super. 1995) (holding restitution for medical bills was proper under § 1106(a) because appellant’s drunk driving caused a two-car accident which directly inju 2007In re M.W., 725 A.2d at 732 (holding that restitution imposed as a direct sentence under 18 Pa.C.S.A. § 1106(a) must result directly from the crime); Commonwealth v. Popow, 844 A.2d 13, 19 (Pa.Super.2004) (holding restitution for medical bills was improper under § 1106(a) due to lack of direct causation where appellant was acquitted of cutting victim and only convicted of threatening him); Walker, 666 A.2d at 303, 310 (holding restitution for medical bills was proper under § 1106(a) because appellant’s drunk driving caused a two-car accident which directly injured the occupants of the other ve | 2 | 2 |
Commonwealth v. Rotolagreen1 sentence2021See Commonwealth v. Rotola, 173 A.3d 831, 834 (Pa. Super. 2017) (discussing Section 1106 and reiterating that “[a]lthough an award of restitution lies within the discretion of the [trial] court, it should not be speculative or excessive and we must vacate a restitution [o]rder which is not supported by the record”) (citation and quotation marks omitted)). - 14 - | 1 | 1 |
Commonwealth v. Atanasiogreen1 sentence2021See Atanasio, 997 A.2d at 1183 . 13 Even if we were to treat the trial court’s restitution order as a direct sentence under Section 1106, it would not affect our disposition. | 1 | 1 |
Commonwealth v. Weirgreen1 sentence2021Commonwealth v. Weir, 201 A.3d 163, 170 (Pa.Super. 2018). | 1 | 1 |
Commonwealth v. Wrightgreen1 sentence2018See Commonwealth v. Wright, 722 A.2d 157, 160 (Pa. Super. 1998) (victim’s loss is direct result of defendant’s offense when it “flows from the conduct that is the basis of the crime for which . . . [the] defendant is held criminally accountable.”); see also Commonwealth v. Wood, 446 A.2d 948, 950 (Pa. Super. 1982) (sentence of restitution is designed to impress “upon the offender the loss he has caused and his responsibility to repair that loss as far as it is possible to do so.”) (citation and internal quotations omitted). -7- J-S79029-17 As the restitution statute states, a defendant’s compl | 1 | 1 |
Commonwealth v. Woodgreen1 sentence2018See Commonwealth v. Wright, 722 A.2d 157, 160 (Pa. Super. 1998) (victim’s loss is direct result of defendant’s offense when it “flows from the conduct that is the basis of the crime for which . . . [the] defendant is held criminally accountable.”); see also Commonwealth v. Wood, 446 A.2d 948, 950 (Pa. Super. 1982) (sentence of restitution is designed to impress “upon the offender the loss he has caused and his responsibility to repair that loss as far as it is possible to do so.”) (citation and internal quotations omitted). -7- J-S79029-17 As the restitution statute states, a defendant’s compl | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Zrncic
green
2 sentences2020(As of the date of this decision, there is no precedential case law interpreting the post-amendment version of Section 1106(a), and, as we need not reach that issue to determine the current action, we will not speculate as to the result of any such appeal.) For example, in Commonwealth v. Zrncic, 167 A.3d 149 (Pa. Super. 2017), this Court considered whether an award of restitution was possible as part of a direct sentence under 18 Pa.C.S. § 1106, where the related crime had been nolle prossed. 2019In Commonwealth v. Zrncic, 167 A.3d 149 (Pa. Super. 2017), this Court considered whether an award of restitution was possible as part of a -7- direct sentence under 18 Pa.C.S. § 1106, where the related crime had been nolle prossed. | 2 | 2019–2020 |
Commonwealth v. Griffiths
green
1 sentence2018Accordingly, the trial court retains the authority to enforce Messick’s order of restitution, attached to his direct sentence of probation under section 1106, until it is fully paid. 18 Pa.C.S. § 1106(c)(2)(ii); Griffiths, supra. Thus, we conclude that the court had no basis upon which to impose an additional term of probation when Messick did not violate his probation, as his restitution sentence was part of his direct sentence and not a condition of his probation. | 1 | 2018–2018 |
Com. v. Green
green
2 sentences2015In contrast, restitution imposed as a condition of probation does not require a “direct nexus between [the] offense and [the] loss . . . . [A]n indirect connection between the criminal activity and the loss is sufficient.” Id. 2015Restitution may be imposed in several situations, including, as applied in this case, as part of a direct sentence under Section 1106(a) of the Crimes Code, or as a condition of probation under Section 9754(c)(8) of the Sentencing Code.7 ____________________________________________ 7 Other settings also permit the imposition of restitution, including as a condition of parole, 18 Pa.C.S.A. § 1106(b), as a condition of intermediate punishment, 42 Pa.C.S.A. § 9763(b)(10), or as an order by the magisterial district judge, 18 Pa.C.S.A. § 1106(d). - 10 - J-A31035-14 The importance of the differences | 1 | 2015–2015 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.