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15 Pennsylvania opinions name it 2 courts 1988–2021 6 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. Hernandezgreen2 sentences2021Commonwealth v. Hernandez, . . . 917 A.2d 332, 336-37 (Pa. Super. 2007). 2021Commonwealth v. Hernandez, . . . 917 A.2d 332, 336-37 (Pa. Super. 2007). | 4 | 6 |
Commonwealth v. Childsgreen2 sentences2021See [Commonwealth v.] Ford, [ 217 A.3d 824 ,] 827 n.6 [(Pa. 2019)] (citing Pa.R.Crim.P. 706) (“[A] pre[-]sentence ability-to-pay hearing is not required when costs alone are imposed.”[)] (emphasis in original)); see also Commonwealth v. Childs, 63 A.3d 323, 326 (Pa. Super. 2013) (“Generally, a defendant is not entitled to a pre-sentencing hearing on his or her ability to pay costs.”). 2021Given the affirmance of Lehman I and the phrasing of § 1403, we must apply the line of precedent holding that challenges to the sentencing court’s authority to impose costs sounds in legality of sentence. - 24 - J-S35012-20 ability-to-pay hearing is not required when costs alone are imposed.” (emphasis in original)); see also Commonwealth v. Childs, 63 A.3d 323, 326 (Pa.Super. 2013) (“Generally, a defendant is not entitled to a pre- sentencing hearing on his or her ability to pay costs.”). | 4 | 4 |
Commonwealth v. Muntzgreen2 sentences2020We concluded that, because Muntz did not seek to withdraw his guilty plea prior to his original sentencing, but only before resentencing, his request fell under “the scrutiny of the post-sentencing standard of ‘manifest injustice’ rather than the pre-sentencing standard of ‘fair and just reason.’” Id. at 54 . 2015S76002/14 injustice” rather than the pre-sentencing standard of “fair and just reason.” Id. at 54 (footnote omitted). | 1 | 3 |
Buck v. Beardgreen1 sentence2015See Buck v. Beard, 879 A.2d 157, 161 (Pa. 2005) (holding that a sentencing hearing provides all the process required before deductions are made from an inmate account); see also Childs, 63 A.3d at 326 (holding that, pursuant to Pa.R.Crim.P. 706, a pre-sentencing hearing regarding the defendant’s ability to pay is only required prior to the entry of an order directing his imprisonment for failure to pay the ordered costs). -7- J-S01004-15 Judgment Entered. | 1 | 1 |
Commonwealth v. Iseleygreen2 sentences1993“The rule in Forbes is made, perhaps oversolicitously, in favor of justice, to protect against the possibility that an innocent defendant will erroneously plead guilty.” Commonwealth v. Iseley, 419 Pa.Super. 364, 375 , 615 A.2d 408, 413 (1992). 1993“The rule in Forbes is made, perhaps oversolicitously, in favor of justice, to protect against the possibility that an innocent defendant will erroneously plead guilty.” Commonwealth v. Iseley, 419 Pa.Super. 364, 375 , 615 A.2d 408, 413 (1992). | 1 | 1 |
Commonwealth v. Doriangreen2 sentences1988See Commonwealth v. Anthony, 504 Pa. 551 , 475 A.2d 1303 (1984); Commonwealth v. Dorian, 314 Pa.Super. 244, 248 , 460 A.2d 1121, 1123 (1983), *173 aff'd 503 Pa. 116 , 468 A.2d 1091 (1983). 1988See Commonwealth v. Anthony, 504 Pa. 551 , 475 A.2d 1303 (1984); Commonwealth v. Dorian, 314 Pa.Super. 244, 248 , 460 A.2d 1121, 1123 (1983), *173 aff'd 503 Pa. 116 , 468 A.2d 1091 (1983). | 1 | 1 |
Commonwealth v. Anthonygreen2 sentences1988See Commonwealth v. Anthony, 504 Pa. 551 , 475 A.2d 1303 (1984); Commonwealth v. Dorian, 314 Pa.Super. 244, 248 , 460 A.2d 1121, 1123 (1983), *173 aff'd 503 Pa. 116 , 468 A.2d 1091 (1983). 1988See Commonwealth v. Anthony, 504 Pa. 551 , 475 A.2d 1303 (1984); Commonwealth v. Dorian, 314 Pa.Super. 244, 248 , 460 A.2d 1121, 1123 (1983), *173 aff'd 503 Pa. 116 , 468 A.2d 1091 (1983). | 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. Middleton
green
2 sentences1993In addition, we note that, in Commonwealth v. Middleton, 504 Pa. 352 , 473 A.2d 1358 (1984), the Supreme Court of Pennsylvania held that the pre-sentencing standard applied to appellee’s motion to withdraw his guilty plea because a sentence hearing had not convened and because sentence had not been imposed for any of the crimes charged. 1993In addition, we note that, in Commonwealth v. Middleton, 504 Pa. 352 , 473 A.2d 1358 (1984), the Supreme Court of Pennsylvania held that the pre-sentencing standard applied to appellee’s motion to withdraw his guilty plea because a sentence hearing had not convened and because sentence had not been imposed for any of the crimes charged. | 1 | 1993–1993 |
Commonwealth v. Forbes
green
2 sentences1993Therefore, appellant’s request falls under the scrutiny of post-sentencing standard of “manifest injustice” rather than the pre-sentencing standard of “fair and just reason.” 5 *105 In Commonwealth v. Forbes, 450 Pa. 185 , 299 A.2d 268 (1973), the Supreme Court of Pennsylvania held that a mere claim of innocence constitutes a “fair and just reason” for the pre-sentence withdrawal of a guilty plea unless there is substantial prejudice to the Commonwealth. 1993Therefore, appellant’s request falls under the scrutiny of post-sentencing standard of “manifest injustice” rather than the pre-sentencing standard of “fair and just reason.” 5 *105 In Commonwealth v. Forbes, 450 Pa. 185 , 299 A.2d 268 (1973), the Supreme Court of Pennsylvania held that a mere claim of innocence constitutes a “fair and just reason” for the pre-sentence withdrawal of a guilty plea unless there is substantial prejudice to the Commonwealth. | 1 | 1993–1993 |
Commonwealth v. Dorian
green
2 sentences1988See Commonwealth v. Anthony, 504 Pa. 551 , 475 A.2d 1303 (1984); Commonwealth v. Dorian, 314 Pa.Super. 244, 248 , 460 A.2d 1121, 1123 (1983), *173 aff'd 503 Pa. 116 , 468 A.2d 1091 (1983). 1988See Commonwealth v. Anthony, 504 Pa. 551 , 475 A.2d 1303 (1984); Commonwealth v. Dorian, 314 Pa.Super. 244, 248 , 460 A.2d 1121, 1123 (1983), *173 aff'd 503 Pa. 116 , 468 A.2d 1091 (1983). | 1 | 1988–1988 |
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.