14 Pennsylvania opinions name it 1 courts 2014–2024 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. Tobingreen2 sentences2024See Commonwealth v. Tobin, 89 A.3d 663 (Pa. Super. 2014) (“[A] defendant's challenge relative to the failure to apply a RRRI minimum [is] a non-waivable illegal sentencing claim.”). 2020Fredericks’s “challenge relative to the failure to apply a RRRI minimum [is] a non-waivable illegal sentencing claim.” Commonwealth v. Tobin, 89 A.3d 663, 670 (Pa. Super. 2014) (citation omitted). | 6 | 6 |
Commonwealth v. Robinsongreen2 sentences2020We have repeatedly held that “where the trial court fails to make a statutorily required determination regarding a defendant’s eligibility for an RRRI minimum sentence as required, the sentence is illegal.” Commonwealth v. Robinson, 7 A.3d 868, 871 (Pa. Super. 2010). 2015Commonwealth v. Robinson, 7 A.3d 868, 871 (Pa. Super. 2010). | 2 | 2 |
Commonwealth v. Reichlegreen1 sentence2024See Reichle, 589 A.2d at 1141 .5 We next address Broadus’ challenge relative to the trial court’s failure to apply a RRRI minimum presents a non-waivable illegal sentencing claim. | 1 | 1 |
Commonwealth v. Hansleygreen1 sentence2020“The RRRI Act permits offenders who exhibit good behavior and who complete rehabilitative programs in prison to be eligible for reduced sentences.” Commonwealth v. Hansley, 47 A.3d 1180, 1186 (Pa. 2012). | 1 | 1 |
Commonwealth v. Millergreen1 sentence2019See Miller, 102 A.3d at 992 . “[A] defendant’s challenge relative to the failure to apply a RRRI minimum [is] a non-waivable illegal sentencing claim.” Commonwealth v. Tobin, 89 A.3d 663, 669 (Pa. Super. 2014) (citation omitted). | 1 | 1 |
Commonwealth v. Wolfegreen1 sentence2019“Issues relating to the legality of a sentence are questions of law.” Commonwealth v. Wolfe, 106 A.3d 800, 802 (Pa. Super. 2014) (citation omitted). | 1 | 1 |
Commonwealth v. Stradleygreen1 sentence2016“The determination as to whether the trial court imposed an illegal sentence is a question of law; our standard of review in cases dealing with questions of law is plenary.” Commonwealth v. Stradley, 50 A.3d 769, 772 (Pa.Super. 2012) (citation omitted). | 1 | 1 |
David Lawrence Perkins v. C. C. Peyton, Superintendent of the Virginia State Penitentiarygreen1 sentence2015Appellant’s reliance on Perkins v. Payton, 369 F.2d 590, 592 (4th Cir. 1966), offers him no comfort. | 1 | 1 |
Commonwealth v. Hallgreen1 sentence2014See Commonwealth v. Wynn, 771 A.2d 1232 (Pa. 2001). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Apprendi v. New Jersey
green
2 sentences2015In Newman, this Court found that because mandatory minimum sentencing challenges ordinarily present illegal sentencing questions, and since Apprendi v. New Jersey, 530 U.S. 466 (2000) issues have been held to implicate the legality of a sentence, the Alleyne issue in that case constitutional a non-waivable illegal sentencing claim. 2015In Newman, this Court found that because mandatory minimum sentencing challenges ordinarily present illegal sentencing questions, and that Apprendi v. New Jersey, 530 U.S. 466 (2000) issues have been held to implicate the legality of a sentence, the Alleyne issue in that case was a non-waivable illegal sentencing claim. | 4 | 2014–2015 |
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.