appellant making an excessiveness claim (Pennsylvania) · Go Syfert
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appellant making an excessiveness claim in Pennsylvania

32 Pennsylvania opinions name it 1 courts 2004–2024 9 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 (16)

CaseFollowedCited
Commonwealth v. Ravengreen
pasuperct · 2014 · cited in 21 Pennsylvania opinions naming this issue, 2015–2024
2 sentences

2024Bishop, supra. “An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014), appeal denied, 105 A.3d 736 (Pa. 2014) (internal citations omitted).

2024Bishop, supra. “An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014), appeal denied, 105 A.3d 736 (Pa. 2014) (internal citations omitted).

2021
Commonwealth v. Mouzongreen
pa · 2002 · cited in 7 Pennsylvania opinions naming this issue, 2004–2024
2 sentences

2015An appellant making an excessiveness claim raises a substantial question when -5- J-S28035-15 he “sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or particular fundamental norm underlying the sentencing process.” Commonwealth v. Mouzon, 812 A.2d 617, 627 (Pa. 2002).

2015An appellant making an excessiveness claim raises a substantial question when he “sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Mouzon, 812 A.2d 617, 627 (Pa. 2002).

47
Commonwealth v. Caldwellgreen
pasuperct · 2015 · cited in 5 Pennsylvania opinions naming this issue, 2016–2024
2 sentences

2022See, e.g., Commonwealth v. Andrews, 213 A.3d 1004, 1017 (Pa. Super. 2019) (“a generic claim that a sentence is excessive does not raise a substantial question for our review.” (citation omitted)); Caldwell, 117 A.3d at 768 (“An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.”).

2018“An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Id. (citations omitted).

45
Commonwealth v. Prendesred
pasuperct · 2014 · cited in 14 Pennsylvania opinions naming this issue, 2015–2024
2 sentences

2024Bishop, supra. “An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014), appeal denied, 105 A.3d 736 (Pa. 2014) (internal citations omitted).

2024Bishop, supra. “An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014), appeal denied, 105 A.3d 736 (Pa. 2014) (internal citations omitted).

214
Commonwealth v. Passgreen
pasuperct · 2006 · cited in 2 Pennsylvania opinions naming this issue, 2019–2022
2 sentences

2022A sentencing court has discretion to impose its sentence concurrently or consecutively to other sentences being imposed at the same time or to sentences already imposed." Commonwealth v. Pass, 914 A.2d 442, 446-447 (Pa. Super. 2006) (citation omitted).

2019A sentencing court has "discretion to impose its sentence concurrently or consecutively to other sentences being imposed at the same time or to sentences already imposed." Commonwealth v. Pass, 914 A.2d 442, 446-447 (Pa. Super. 2006) (citation omitted).

22
Commonwealth v. Andrewsgreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., Commonwealth v. Andrews, 213 A.3d 1004, 1017 (Pa. Super. 2019) (“a generic claim that a sentence is excessive does not raise a substantial question for our review.” (citation omitted)); Caldwell, 117 A.3d at 768 (“An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.”).

11
Commonwealth v. Dunphygreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014) (citation and quotation marks omitted) (“An appellant making an excessiveness claim raises a substantial question when he ‘sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.’”); see also -7- Commonwealth v. Dunphy, 20 A.3d 1215, 1222 (Pa. Super. 2011) (finding that a claim regarding trial court’s failure to offer specific reasons for sentence raises a substantial

11
Commonwealth v. Graysgreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Grays, supra. “An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code[,] or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014) (internal citations omitted).

11
Commonwealth v. Fullingreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019“When imposing a sentence, the sentencing court must consider the factors set out in 42 [Pa.C.S.A.] § 9721(b), that is, the protection of the public, gravity of offense in relation to impact on victim and community, and rehabilitative needs of the defendant.” Commonwealth v. Fullin, 892 A.2d 843, 847-848 (Pa.Super. 2006) (citations omitted).

11
Commonwealth v. Swopegreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See Commonwealth v. Swope, 123 A.3d 333, 339 (Pa. Super. 2015) (claim that consecutive sentences are unduly excessive together with claim that sentencing court failed to consider defendant’s rehabilitative needs and mitigating factors presents substantial question); see also Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014) (“An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the [] Sentencing Code or a particular fundamental norm underlying the sentencing p

11
Commonwealth v. McAfeegreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Absent such efforts, an objection to a discretionary aspect of a sentence is waived.” Commonwealth v. McAfee, 849 A.2d 270, 275 (Pa. Super. 2004) (citation omitted).

11
Commonwealth v. Lilleygreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See Commonwealth v. Lilley, 978 A.2d 995, 998 (Pa.Super.2009) (observing that Anders requires review of issues otherwise waived on appeal). -6- J-S26042-15 “An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa.Super.2014), appeal denied, 105 A.3d 736 (Pa.2014) (internal citations omitted).

11
Commonwealth v. Disalvogreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015“An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa.Super.2014), appeal denied, 105 A.3d 736 (Pa.2014) (internal citations omitted). “[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Common

11
Commonwealth v. Sierragreen
pasuperct · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015An appellant presents a substantial question “when a sentence of total confinement, in excess of the original sentence, is imposed as a result of a technical violation of parole or probation.” Commonwealth v. Sierra, 752 A.2d 910, 913 (Pa.Super.2000).

11
Commonwealth v. Vegagreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
1 sentence

2005Commonwealth v. Vega, 850 A.2d 1277, 1280 (Pa.Super.2004).

11
Commonwealth v. Kennergreen
pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
1 sentence

2004Commonwealth v. Kenner, 784 A.2d 808, 811 (Pa.Super.2001), appeal denied, 568 Pa. 695 , 796 A.2d 979 (2002). ¶ 9 Under Commonwealth v. Mouzon, 571 Pa. 419 , 812 A.2d 617 (2002), an appellant making an excessiveness claim raises a substantial question when he “sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular norm underlying the sentencing process.” Id. at 435 , 812 A.2d at 627 .

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 (1)

CaseCitedYears
Commonwealth v. Bishop green
pasuperct · 2003
2 sentences

2024Bishop, supra. “An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014), appeal denied, 105 A.3d 736 (Pa. 2014) (internal citations omitted).

2024Bishop, supra. “An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014), appeal denied, 105 A.3d 736 (Pa. 2014) (internal citations omitted).

22024–2024

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9781 (7) PA § 42 Pa. Cons. Stat. § 9721 (5) PA § 18 Pa. Cons. Stat. § 2702 (4)

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.

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