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1992
2009
2026
Top citers, strongest first. 36 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Com. v. Ewing, M.
Put differently, relevant evidence “tends to establish some fact material to the case or . . . tends to make a fact at issue more or less probable.” Commonwealth v. Foy, 612 A.2d 1349, 1350 (Pa. 1992) (citing Commonwealth v. Scott, 389 A.2d 79 (Pa. 1978)).
discussed
Cited as authority (rule)
Eisbacher v. Davidson
“A trial court’s rulings on evidentiary questions are controlled by the discretion of the trial court and [an appellate] [c]ourt will reverse only for clear abuse of that discretion.” Commonwealth v. Foy, 612 A.2d 1349, 1351 (Pa. 1992), citing Commonwealth v. Dollman, 541 A.2d 319 (Pa. 1988); Commonwealth v. Cargo, 444 A.2d 639 (Pa. 1982).
cited
Cited as authority (rule)
Commonwealth v. Ross
See, e.g., Commonwealth v. Johnson, 536 Pa. 153, 157 , 638 A.2d 940, 942 (1994); Commonwealth v. Foy, 531 Pa. 322, 325 , 612 A.2d 1349, 1351 (1992). 15.
examined
Cited as authority (rule)
State of Arizona v. Steven Ray Miller
(4×)
also: Cited "see, e.g."
Id. at 1351-52.
discussed
Cited as authority (rule)
Commonwealth v. Lilliock
Even if the report satisfied the elements of the exception, which the parties have failed to address with any specificity, we find that the exclusion of the report from evidence was harmless error. ¶25 “Error is considered to be harmless where: (1) the error did not prejudice the defendant or the prejudice was de minimus; or (2) the erroneously admitted evidence was merely cumulative of other, untainted evidence which was substantially similar to the erroneously admitted evidence; or (3) the properly admitted and uncontradicted evidence of guilt was so overwhelming and the prejudicial effec…
discussed
Cited as authority (rule)
Commonwealth v. Young
I join Madame Justice Newman’s dissenting opinion to the extent that she would find that the improper introduction of Slick and Cornell’s statements constituted harmless error, since the statements were merely cumulative of substantially similar, properly admitted evidence. 1 See, e.g., Commonwealth v. Lopez, 559 Pa. 131, 163-64 , 739 A.2d 485, 503 (1999); Commonwealth v. Romero, 555 Pa. 4, 14-16 , 722 A.2d 1014, 1019 (1999); Commonwealth v. Washington, 547 Pa. 550, 557 , 692 A.2d 1018, 1021 (1997); Commonwealth v. Foy, 531 Pa. 322, 327 , 612 A.2d 1349, 1352 (1992). .
discussed
Cited as authority (rule)
Commonwealth v. Romero
(2×)
Commonwealth v. Foy, 531 Pa. 322, 327 , 612 A.2d 1349, 1352 (1992).
examined
Cited as authority (rule)
Commonwealth v. Allison
(4×)
Commonwealth v. Foy, 531 Pa. 322, 325 , 612 A.2d 1349, 1351 (1992).
discussed
Cited as authority (rule)
Commonwealth v. Elliott
(2×)
See Commonwealth v. Johnson, 536 Pa. 153, 157 , 638 A.2d 940, 942 (1994); Commonwealth v. Foy, 531 Pa. 322, 325 , 612 A.2d 1349, 1351 (1992). [13] These categories are: (a) Any evidence favorable to the accused which is material either to guilt or to punishment, and which is within the possession or control of the attorney for the Commonwealth; (b) any written confession or inculpatory statement, or the substance of any oral confession or inculpatory statement, and the identity of the person to whom the confession or inculpatory statement was made, which is in the possession or control of the …
discussed
Cited as authority (rule)
Commonwealth v. Phillips
“Evidence which tends to establish some fact material to the case or which tends to make a fact at issue more or less probable is relevant.” Commonwealth v. Foy, 531 Pa. 322, 325 , 612 A.2d 1349, 1351 (1992).
cited
Cited as authority (rule)
Commonwealth v. Brennan
Commonwealth v. Foy, 531 Pa. 322, 327 , 612 A.2d 1349, 1352 (1992); Commonwealth v. Story, 476 Pa. 391, 409 , 383 A.2d 155, 166 (1978).
cited
Cited as authority (rule)
Commonwealth v. Cook
Commonwealth v. Foy, 531 Pa. 322, 326 , 612 A.2d 1349, 1351 (1992).
discussed
Cited as authority (rule)
Commonwealth v. Viera
(2×)
“A trial court’s rulings on evidentiary questions are controlled by the discretion of the trial court and [an appellate] [c]ourt will reverse only for clear abuse of that discretion.” Commonwealth v. Foy, 531 Pa. 322, 325 , 612 A.2d 1349, 1351 (1992), citing, Commonwealth v. Dollman, 518 Pa. 86 , 541 A.2d 319 (1988); Commonwealth v. Cargo, 498 Pa. 5 , 444 A.2d 639 (1982).
cited
Cited as authority (rule)
In the Interest of Dixon
See also: Commonwealth v. Nolen, supra 535 Pa. at 85 , 634 A.2d at 196 ; Commonwealth v. Foy, 531 Pa. 322, 327 , 612 A.2d 1349, 1352 (1992).
discussed
Cited as authority (rule)
Commonwealth v. Crews
(2×)
“Evidence is relevant if it logically tends to establish a material fact in the case, tends to make a fact at issue more or less probable, or supports a reasonable inference or presumption regarding the existence of a material fact.” Commonwealth v. Spiewak, 533 Pa. 1, 8 , 617 A.2d 696, 699 (1992); Commonwealth v. Foy, 531 Pa. 322, 325 , 612 A.2d 1349, 1351 (1992).
discussed
Cited as authority (rule)
Commonwealth v. Iannelli
(2×)
See also: Commonwealth v. Correa, 423 Pa.Super. 57 , 70 n. 9, 620 A.2d 497 , 504 n. 9 (1993); Commonwealth v. Foy, 531 Pa. 322, 325 , 612 A.2d 1349, 1352 (1992); Commonwealth v. Moore, 389 Pa.Super. 473, 480 , 567 A.2d 701, 705 (1989), allo. denied, 525 Pa. 597 , 575 A.2d 563 (1990).
discussed
Cited as authority (rule)
Commonwealth v. Stinson
Error may be considered harmless where “the erroneously admitted evidence was merely cumulative of other, untainted evidence which was substantially simi *302 lar to the erroneously admitted evidence.” Commonwealth v. Foy, 531 Pa. 322 , 612 A.2d 1349, 1352 (1992), citing Commonwealth v. Williams, 524 Pa. 404 , 573 A.2d 536, 538-539 (1990).
discussed
Cited as authority (rule)
Commonwealth v. Urbanski
(2×)
Commonwealth v. Foy, 531 Pa. 322 , 612 A.2d 1349, 1352 (1992).
cited
Cited as authority (rule)
Commonwealth v. Rodriguez
Commonwealth v. Foy, 531 Pa. 322, 327 , 612 A.2d 1349, 1352 (1992).
cited
Cited "see"
Com. v. Stansbury, K.
See Commonwealth v. Egy, 612 A.2d 1349, 1350 (Pa. 1992) (citing 2oinmonwealth v. Williams. 573 A,2d 536, 538539 (Pa. 1990)).
discussed
Cited "see"
Com. v. Harmer, S.
See Commonwealth v. Foy, 612 A.2d 1349, 1352 (Pa. 1992) (any error was harmless where "the erroneously admitted evidence was merely cumulative of other, untainted evidence which was substantially similar to the erroneously admitted evidence").
discussed
Cited "see"
Com. Scale, T.
See Commonwealth v. Foy, 612 A.2d 1349, 1352 (Pa. 1992) (error in admitting testimony harmless where: (1) error did not cause prejudice; (2) erroneously admitted evidence cumulative of other, untainted, substantially similar evidence; or (3) properly admitted, uncontradicted evidence of guilt so overwhelming and error so insignificant by comparison that error could not have contributed to verdict).
discussed
Cited "see"
Commonwealth v. Romero
(2×)
See Romero, at 1019 (citing Commonwealth v. Foy, 531 Pa. 322 , 612 A.2d 1349, 1352 (1992) (error is harmless where improperly admitted evidence is merely cumulative of substantially similar, properly admitted evidence)).
discussed
Cited "see"
In re the Upset Sale of Properties Against which Delinquent 1997 Taxes were Returned to the Tax Claim Unit
(2×)
See Department of Public Welfare v. Portnoy, 129 Pa.Cmwlth. 469 , 566 A.2d 336 (1989), aff'd, 531 Pa. 320 , 612 A.2d 1349 (1992).
discussed
Cited "see"
Commonwealth v. Lopez
(2×)
See Commonwealth v. Foy, 531 Pa. 322, 327 , 612 A.2d 1349, 1352 (1992)(where erroneously admitted evidence is merely cumulative of substantially similar, properly admitted evidence, harmless error doctrine applies, and defendant is not entitled to relief).
cited
Cited "see"
Commonwealth v. Counterman
See generally Commonwealth v. Foy, 531 Pa. 322, 327 , 612 A.2d 1349, 1352 (1992)(delineating the circumstances for applying the harmless error rule).
cited
Cited "see"
Commonwealth v. Green
See Commonwealth v. Foy, 531 Pa. 322 , 612 A.2d 1349 (1992).
cited
Cited "see"
Commonwealth v. Miles
See Commonwealth v. Foy, 531 Pa. 322 , 612 A.2d 1349 (1992).
cited
Cited "see"
Commonwealth v. Drake
See Commonwealth v. Foy, 531 Pa. 322, 326-28 , 612 A.2d 1349, 1352 (1992).
cited
Cited "see"
Commonwealth v. Bracey
See Commonwealth v. Foy, 531 Pa. 322 , 612 A.2d 1349 (1992). 13 .
discussed
Cited "see"
Commonwealth v. May
(2×)
See Commonwealth v. Foy, 531 Pa. 322, 327 , 612 A.2d 1349, 1352 (1992); Commonwealth v. Hall, 523 Pa. 75 , 565 A.2d 144 (1989); Commonwealth v. Stinson, 427 Pa.Super. 289 , 628 A.2d 1165 (1993), appeal denied, 537 Pa. 608 , 641 A.2d 309 (1994).
cited
Cited "see"
Commonwealth v. Barnyak
See Commonwealth v. Foy, 531 Pa. 322 , 612 A.2d 1349 (1992) (no grounds for a new trial when error of admission harmless).
cited
Cited "see"
Commonwealth v. Moore
See Commonwealth v. Foy, 531 Pa. 322 , 612 A.2d 1349 (1992).
discussed
Cited "see"
Commonwealth v. Stanley
(2×)
See Commonwealth v. Foy, 531 Pa. 322, 326-28 , 612 A.2d 1349, 1352 (1992); Commonwealth v. Sanchez, 407 Pa.Super. 234, 240-42 , 595 A.2d 617, 621 (1991), appeal denied, 529 Pa. 668 , 605 A.2d 333 (1992).
discussed
Cited "see, e.g."
Mazzitti & Sullivan Counseling Services, Inc. v. Department of Public Welfare
(2×)
See also Department of Public Welfare v. Portnoy, 129 Pa.Cmwlth. 469 , 566 A.2d 336, 339 (1989), aff'd, 531 Pa. 320 , 612 A.2d 1349 (1992) ("Article XIV of the Code, entitled 'Fraud and Abuse Control,’ sets forth a detailed scheme of provider prohibited acts and recipient prohibited acts.
cited
Cited "see, e.g."
Commonwealth v. Bond
Story; See also Commonwealth v. Foy, 531 Pa. 322 , 612 A.2d 1349 (1992).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant,
v.
Irving PORTNOY, Esq.; John Quinn, Esq.; Evans, Rosen, Portnoy, Quinn and Donohue, a Law Firm and Partnership
v.
Irving PORTNOY, Esq.; John Quinn, Esq.; Evans, Rosen, Portnoy, Quinn and Donohue, a Law Firm and Partnership
Appeal 57 W.D. Appeal Dkt.1990.
Supreme Court of Pennsylvania.
Jun 17, 1992.
Jason W. Manne, Asst. Counsel, Dept, of Public Welfare, Pittsburgh, for appellant., William R. Caroselli, Caroselli, Spagnoli & Beachler, Pittsburgh, for appellees.
Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy.
Cited by 7 opinions | Published
Lead Opinion
ORDER
PER CURIAM:Order of Commonwealth Court affirmed.
NIX, C.J., files a concurring opinion. FLAHERTY and McDERMOTT, JJ., dissent.Concurrence
NIX, Chief Justice,
concurring.
I reluctantly concur in the affirmance of the Commonwealth Court’s order affirming the dismissal of the complaint of appellant’s suit against appellee attorneys, in light of our per curiam affirmance in Commonwealth of Pennsylvania, Department of Public Welfare v. Thomas, 526 Pa. 540, 587 A.2d 727 (1991).
However, I must write separately to exhort the General Assembly to amend Chapter XIV of the Public Welfare Code, 62 P.S. §§ 1401, et seq., to provide remedies and/or penalties against attorneys who knowingly violate the Public Welfare Code. These benefits are public funds which are paid for by the taxpayers. I find it unconscionable that an attorney, who is charged with knowledge of the law and is aware that his client has received public assistance, would fail to notify the Department of Public Welfare that his client has been reimbursed for injuries already paid for by the Commonwealth. The law clearly establishes an obligation on the attorney to advise the Department of Public Welfare, 62 P.S. § 1409(b)(12), but fails to provide a remedy or sanction against an attorney who neglects that duty. The legislature should seriously consider establishing a sanction for those who fail to comply.