presumptive range violation (Pennsylvania) · Go Syfert
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presumptive range violation in Pennsylvania

48 Pennsylvania opinions name it 2 courts 1990–2026 14 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 (6)

CaseFollowedCited
Smith v. Board of Probation & Parolegreen
pa · 1990 · cited in 45 Pennsylvania opinions naming this issue, 2012–2026
2 sentences

2026Smith, 574 A.2d 558 (stating that “[a]s long as the period of recommitment is within the presumptive range for the violation, the Commonwealth Court will not entertain challenges to the propriety of the term of recommitment”) (citations omitted).

2026Moreover, “[o]ur Supreme Court has held that ‘[a]s long as the period of recommitment is within the presumptive range for the violation, the Commonwealth Court will not entertain challenges to the propriety of the term of recommitment.’” Fisher v. Pennsylvania Board of Probation and Parole, 62 A.3d 1073, 1077 (Pa. Cmwlth. 2013) (quoting Smith v. Pennsylvania Board of Probation and Parole, 574 A.2d 558, 560 (Pa. 1990)).

4245
Fisher v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 2013 · cited in 7 Pennsylvania opinions naming this issue, 2015–2026
2 sentences

2026Moreover, “[o]ur Supreme Court has held that ‘[a]s long as the period of recommitment is within the presumptive range for the violation, the Commonwealth Court will not entertain challenges to the propriety of the term of recommitment.’” Fisher v. Pennsylvania Board of Probation and Parole, 62 A.3d 1073, 1077 (Pa. Cmwlth. 2013) (quoting Smith v. Pennsylvania Board of Probation and Parole, 574 A.2d 558, 560 (Pa. 1990)).

2025Moreover, “[o]ur Supreme Court has held that ‘[a]s long as the period of recommitment is within the presumptive range for the violation, the Commonwealth Court will not entertain challenges to the propriety of the term of recommitment.’” Fisher v. Pennsylvania Board of Probation and Parole, 62 A.3d 1073, 1077 (Pa. Cmwlth. 2013) (quoting Smith v. Pennsylvania Board of Probation and Parole, 574 A.2d 558, 560 (Pa. 1990)).

77
Davis v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 2004 · cited in 2 Pennsylvania opinions naming this issue, 2015–2016
2 sentences

2016See Smith, 574 A.2d at 560 (“As long as the period of recommitment is within the presumptive range for the violation, the Commonwealth Court will not entertain challenges to the propriety of the term of recommitment.”) (citations omitted); Davis v. Pennsylvania Board of Probation and Parole, 841 A.2d 148, 151-52 (Pa. Cmwlth. 2004) (“This court will not interfere with the Board’s discretion where the parole violations are supported by substantial evidence and the amount of backtime imposed for each offense is within the applicable presumptive range.”) (citation and footnote omitted); Wright v.

2015Smith v. Pa. Bd. of Prob. & Parole, 574 A.2d 558, 560 (Pa. 1990) (“[a]s long as the period of recommitment is within the presumptive range for the violation, the Commonwealth Court will not entertain challenges to the propriety of the term of recommitment”); Davis v. Pa. Bd. of Prob. & Parole, 841 A.2d 148, 151-52 (Pa. Cmwlth. 2004).

22
R.Barnes v. PBPPgreen
pacommwct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019The presumptive ranges for recommitment for CPVs . . . are found in [S]ection 75.2 of the Board’s [R]egulations[.] Barnes v. Pa. Bd. of Prob. & Parole, 203 A.3d 382, 388 (Pa. Cmwlth. 2019).

11
Wright v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Smith, 574 A.2d at 560 (“As long as the period of recommitment is within the presumptive range for the violation, the Commonwealth Court will not entertain challenges to the propriety of the term of recommitment.”) (citations omitted); Davis v. Pennsylvania Board of Probation and Parole, 841 A.2d 148, 151-52 (Pa. Cmwlth. 2004) (“This court will not interfere with the Board’s discretion where the parole violations are supported by substantial evidence and the amount of backtime imposed for each offense is within the applicable presumptive range.”) (citation and footnote omitted); Wright v.

11
Burgess v. Commonwealthgreen
pacommwct · 1989 · cited in 1 Pennsylvania opinions naming this issue, 1996–1996
2 sentences

1996Watkins argues, therefore, that his backtime should have been reduced from 18 months to 12 months. 5 The review of a petition for administrative relief was explained in Burgess v. Pennsylvania Board of Probation and Parole, 130 Pa.Cmwlth. 282 , 568 A.2d 268, 269-70 (1989), petition for allowance of appeal denied, 525 Pa. 613 , 577 A.2d 545 (1990): [T]he two member or three member revocation panel is the ultimate fact finder in revocation proceedings. 61 P.S. § 331.4(b).

1996Watkins argues, therefore, that his backtime should have been reduced from 18 months to 12 months. 5 The review of a petition for administrative relief was explained in Burgess v. Pennsylvania Board of Probation and Parole, 130 Pa.Cmwlth. 282 , 568 A.2d 268, 269-70 (1989), petition for allowance of appeal denied, 525 Pa. 613 , 577 A.2d 545 (1990): [T]he two member or three member revocation panel is the ultimate fact finder in revocation proceedings. 61 P.S. § 331.4(b).

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 (5)

CaseCitedYears
Congo v. Pa. Bd. of Prob. & Parole green
pacommwct · 1987
2 sentences

2019Smith v. Pa. Bd. of Prob. & Parole, 574 A.2d 558, 560-61 (Pa. Cmwlth. 1990) (explaining that “[a]s long as the period of recommitment is within the presumptive range of the violation, the Commonwealth Court will not entertain challenges to the propriety of the term of recommitment”) (citing Congo v. Pa. Bd. of Prob. & Parole, 522 A.2d 676 (Pa. Cmwlth. 1987)).

2019Smith v. Pa. Bd. of Prob. & Parole, 574 A.2d 558, 560-61 (Pa. Cmwlth. 1990) (explaining that “[a]s long as the period of recommitment is within the presumptive range of the violation, the Commonwealth Court will not entertain challenges to the propriety of the term of recommitment”) (citing Congo v. Pa. Bd. of Prob. & Parole, 522 A.2d 676 (Pa. Cmwlth. 1987)).

31990–2019
Miskovitch v. Pennsylvania Board of Probation & Parole green
pacommwct · 2013
1 sentence

2015Section 704 of the Administrative Agency Law, 2 Pa. C.S. §704; Miskovitch v. Pa. Bd. of Prob. & Parole, 77 A.3d 66 (Pa. Cmwlth. 2013), appeal denied, 87 A.3d 322 (Pa. 2014). 6 560 (Pa. 1990).

12015–2015
Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex green
scotus · 1979
2 sentences

1998But the conviction, with all its procedural safeguards, has extinguished that liberty right_” Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, 442 U.S. 1, 7 , 99 S.Ct. 2100, 2104 , 60 L.Ed.2d 668 (1979). 5 .The presumptive range for a violation of the Pennsylvania Uniform Firearms Act is eighteen to twenty-four months, whereas the presumptive range for a possession of instruments of crime conviction is only six to twelve months. 6 .

1998But the conviction, with all its procedural safeguards, has extinguished that liberty right_” Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, 442 U.S. 1, 7 , 99 S.Ct. 2100, 2104 , 60 L.Ed.2d 668 (1979). 5 .The presumptive range for a violation of the Pennsylvania Uniform Firearms Act is eighteen to twenty-four months, whereas the presumptive range for a possession of instruments of crime conviction is only six to twelve months. 6 .

11998–1998
Wagner v. Commonwealth, Pennsylvania Board of Probation & Parole green
pacommwct · 1985
2 sentences

1990Congo v. Pennsylvania Board of Probation and Parole, 104 Pa.Commw. 511, 522 A.2d 676 (1987); Wagner v. Pennsylvania Board of Probation and Parole, 92 Pa.Commw. 132, 498 A.2d 1007 (1985); Chapman v. Pennsylvania Board of Probation and Parole, 86 Pa.Commw. 49, 484 A.2d 413 (1984).

1990Congo v. Pennsylvania Board of Probation and Parole, 104 Pa.Commw. 511, 522 A.2d 676 (1987); Wagner v. Pennsylvania Board of Probation and Parole, 92 Pa.Commw. 132, 498 A.2d 1007 (1985); Chapman v. Pennsylvania Board of Probation and Parole, 86 Pa.Commw. 49, 484 A.2d 413 (1984). *505 As reflected in section 75.3(b), the presumptive ranges of parole backtime set forth in the Code "are intended to structure the discretion of the Board while allowing for individual circumstances in terms of mitigation and aggravation to be considered in the . . . decision." As long as the recommittal is within th

11990–1990
Chapman v. Commonwealth green
pacommwct · 1984
2 sentences

1990Congo v. Pennsylvania Board of Probation and Parole, 104 Pa.Commw. 511, 522 A.2d 676 (1987); Wagner v. Pennsylvania Board of Probation and Parole, 92 Pa.Commw. 132, 498 A.2d 1007 (1985); Chapman v. Pennsylvania Board of Probation and Parole, 86 Pa.Commw. 49, 484 A.2d 413 (1984).

1990Congo v. Pennsylvania Board of Probation and Parole, 104 Pa.Commw. 511, 522 A.2d 676 (1987); Wagner v. Pennsylvania Board of Probation and Parole, 92 Pa.Commw. 132, 498 A.2d 1007 (1985); Chapman v. Pennsylvania Board of Probation and Parole, 86 Pa.Commw. 49, 484 A.2d 413 (1984). *505 As reflected in section 75.3(b), the presumptive ranges of parole backtime set forth in the Code "are intended to structure the discretion of the Board while allowing for individual circumstances in terms of mitigation and aggravation to be considered in the . . . decision." As long as the recommittal is within th

11990–1990

Statutes the citing opinions construe

PA § 61 Pa. Cons. Stat. § 6138 (34) PA § 42 Pa. Cons. Stat. § 9714 (10) PA § 61 Pa. Cons. Stat. § 6101 (7) PA § 61 Pa. Cons. Stat. § 6113 (4) PA § 18 Pa. Cons. Stat. § 3502 (3) PA § 18 Pa. Cons. Stat. § 6105 (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 48 (1990–2026) FL 2 (1989–1992)

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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