10 Pennsylvania opinions name it 2 courts 1985–2021 1 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. Wrightgreen2 sentences1987The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section. (e) Definition of firearm. As used in this section "firearm" means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein. [2] See also United States v. Batchelder, 442 U.S. 114, 122 , 99 S.Ct. 2198, 2203 , 60 L.Ed.2d 755, 763 (1979): (A statute should 1987The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section. (e) Definition of firearm. As used in this section "firearm" means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein. [2] See also United States v. Batchelder, 442 U.S. 114, 122 , 99 S.Ct. 2198, 2203 , 60 L.Ed.2d 755, 763 (1979): (A statute should | 1 | 3 |
Commonwealth v. Williamsgreen2 sentences2021“The legislative purpose in enacting 18 Pa.C.S. § 5123(a) was obviously to prevent the acquisition of contraband substances by persons confined in prisons and mental hospitals.” Commonwealth v. Williams, 579 A.2d 869, 871 (Pa. 1990). 2021“The legislative purpose in enacting 18 Pa.C.S. § 5123(a) was obviously to prevent the acquisition of contraband substances by persons confined in prisons and mental hospitals.” Commonwealth v. Williams, 579 A.2d 869 , 871 (Pa. 1990). | 1 | 1 |
Commonwealth v. Battsgreen1 sentence2019In a concurring opinion, Justice Baer noted that although the legislature specified that Section 1102.1 would apply to juvenile offenders convicted after the date of Miller , he believed the trial courts re-sentencing juveniles who preserved a Miller claim "would be wise to follow the policy determinations made by the legislature in its recent enactment." Batts I , 66 A.3d at 300 (Baer, J., concurring). | 1 | 1 |
Commonwealth, Aplt. v. Hopkins, K.green1 sentence2016Following Alleyne, mandatory minimum sentencing statutes that followed the above format were generally deemed unconstitutional, as they provided that: the “aggravating facts” contained in the mandatory minimum statute were not elements of the crime; notice of either the “aggravating facts” or of the applicability of the mandatory minimum sentencing statute was not required prior to conviction; the applicability of the mandatory minimum statute was to be determined at sentencing; the Commonwealth need only prove the “aggravating facts” by a preponderance of the evidence; a judge – and not a jur | 1 | 1 |
Commonwealth v. Eddingsgreen1 sentence2003“It is evident that the purpose of section 9714 is to deter violent criminal acts by imposing harsher penalties on those who commit repeated crimes of violence.” Commonwealth v. Eddings, 721 A.2d 1095, 1100 (Pa.Super.1998), aff'd, 565 Pa. 256 , 772 A.2d 956 (2001). | 1 | 1 |
United States v. Batcheldergreen2 sentences1987The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section. (e) Definition of firearm. As used in this section "firearm" means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein. [2] See also United States v. Batchelder, 442 U.S. 114, 122 , 99 S.Ct. 2198, 2203 , 60 L.Ed.2d 755, 763 (1979): (A statute should 1987The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section. (e) Definition of firearm. As used in this section "firearm" means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein. [2] See also United States v. Batchelder, 442 U.S. 114, 122 , 99 S.Ct. 2198, 2203 , 60 L.Ed.2d 755, 763 (1979): (A statute should | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Montgomery v. Louisiana
green
1 sentence2019Accordingly, Batts’ sentence was vacated and remanded for resentencing.3 In 2016, the United States Supreme Court decided Montgomery v. Louisiana, 136 S. Ct. 718 (2016), in which it held Miller announced a new substantive rule of constitutional law that applies retroactively. | 1 | 2019–2019 |
Commonwealth v. Batts
green
1 sentence2016In light of M1'/ ler, supra, and Batts, supra, the case was remanded for resentencing. | 1 | 2016–2016 |
Commonwealth v. Fennell
green
1 sentence2016Following Alleyne, mandatory minimum sentencing statutes that followed the above format were generally deemed unconstitutional, as they provided that: the “aggravating facts” contained in the mandatory minimum statute were not elements of the crime; notice of either the “aggravating facts” or of the applicability of the mandatory minimum sentencing statute was not required prior to conviction; the applicability of the mandatory minimum statute was to be determined at sentencing; the Commonwealth need only prove the “aggravating facts” by a preponderance of the evidence; a judge – and not a jur | 1 | 2016–2016 |
Alleyne v. United States
green
2 sentences2015Nothing in this sentence implicates the United States Supreme Court’s recent decision in Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013). -3- J-S78013-14 he was in possession of a drug legally prescribed to him when he entered SCI-Dallas. 2015Nothing in this sentence implicates the United States Supreme Court’s recent decision in Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013). -3- J-S78013-14 he was in possession of a drug legally prescribed to him when he entered SCI-Dallas. | 1 | 2015–2015 |
Commonwealth v. O'Brien
green
2 sentences2009In Commonwealth v. O’Brien, 356 Pa.Super. 294 , 514 A.2d 618 (1986), appeal denied, 515 Pa. 576 , 527 A.2d 537 (1987), this Court had occasion to address the meaning of the phrase “not less than” in the context of a mandatory sentencing statute. 2009In Commonwealth v. O’Brien, 356 Pa.Super. 294 , 514 A.2d 618 (1986), appeal denied, 515 Pa. 576 , 527 A.2d 537 (1987), this Court had occasion to address the meaning of the phrase “not less than” in the context of a mandatory sentencing statute. | 1 | 2009–2009 |
Commonwealth v. Eddings
neutral
2 sentences2003“It is evident that the purpose of section 9714 is to deter violent criminal acts by imposing harsher penalties on those who commit repeated crimes of violence.” Commonwealth v. Eddings, 721 A.2d 1095, 1100 (Pa.Super.1998), aff'd, 565 Pa. 256 , 772 A.2d 956 (2001). 2003“It is evident that the purpose of section 9714 is to deter violent criminal acts by imposing harsher penalties on those who commit repeated crimes of violence.” Commonwealth v. Eddings, 721 A.2d 1095, 1100 (Pa.Super.1998), aff'd, 565 Pa. 256 , 772 A.2d 956 (2001). | 1 | 2003–2003 |
McMillan v. Pennsylvania
red
2 sentences1987The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section. (e) Definition of firearm. As used in this section "firearm" means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein. [2] See also United States v. Batchelder, 442 U.S. 114, 122 , 99 S.Ct. 2198, 2203 , 60 L.Ed.2d 755, 763 (1979): (A statute should 1987The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section. (e) Definition of firearm. As used in this section "firearm" means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein. [2] See also United States v. Batchelder, 442 U.S. 114, 122 , 99 S.Ct. 2198, 2203 , 60 L.Ed.2d 755, 763 (1979): (A statute should | 1 | 1987–1987 |
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.
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.