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

11 Pennsylvania opinions name it 1 courts 1998–2018 0 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. McNabbgreen
pasuperct · 2003 · cited in 9 Pennsylvania opinions naming this issue, 2015–2018
2 sentences

2018Commonwealth v. McNabb, 819 A.2d 54 (Pa.Super. 2003).

2015Nevertheless, an appellant raises a substantial question where he alleges an excessive sentence due to the court’s reliance on impermissible factors. -6- J-S78005-14 Commonwealth v. McNabb, 819 A.2d 54 (Pa.Super. 2003).

39
Commonwealth v. Shellergreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016S69030/16 substantial question when he avers an excessive sentence due to the court’s reliance on impermissible factors); Commonwealth v. Sheller, 961 A.2d 187, 190 (Pa. Super. 2008) (holding that an “[a]ppellant’s contention that the sentencing court exceeded the recommended range in the Sentencing Guidelines without an adequate basis raises a substantial question for this Court to review.”).

11
Commonwealth v. Reynoldsgreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Likewise, “[a]n allegation that a judge ‘failed to offer specific reasons for [a] sentence does raise a substantial question.’” Dunphy, supra at 1222 (quoting Commonwealth v. Reynolds, 835 A.2d 720, 734 (Pa.Super. 2003)).

11
Commonwealth v. Hoovergreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Commonwealth v. McNabb, 819 A.2d 54 (Pa.Super. 2003). -5- J-S37008-15 “In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal.” Commonwealth v. Hoover, 909 A.2d 321, 322 (Pa.Super. 2006).

11
Commonwealth v. Mickellgreen
pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 1998–1998
2 sentences

1998This presents a substantial question.- See Commonwealth v. Mickell, 409 Pa.Super. 595 , 598 A.2d 1003, 1007 (1991).

1998This presents a substantial question.- See Commonwealth v. Mickell, 409 Pa.Super. 595 , 598 A.2d 1003, 1007 (1991).

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. Dunphy green
pasuperct · 2011
1 sentence

2015Likewise, “[a]n allegation that a judge ‘failed to offer specific reasons for [a] sentence does raise a substantial question.’” Dunphy, supra at 1222 (quoting Commonwealth v. Reynolds, 835 A.2d 720, 734 (Pa.Super. 2003)).

12015–2015

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 3126 (3) PA § 18 Pa. Cons. Stat. § 6301 (3) PA § 42 Pa. Cons. Stat. § 9721 (3) PA § 42 Pa. Cons. Stat. § 9781 (3)

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.

Where else courts name it

PA 11 (1998–2018) ND 2 (2023–2025)

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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