green
Positive treatment
3.4 score
Top citers, strongest first. 3 distinct citers.
How cited ↗
discussed
Cited "see"
Commonwealth v. Diaz
Nevertheless, the fact the trial court denied Diaz’s post-sentence motion, in which he challenged the weight of the evidence as an alternative to his sufficiency claim, substantiates an inference that the court did not believe the verdict “shock[ed] one’s sense of justice.” Rosser, supra, 135 A.3d at 1090 : See Commonwealth v. Upshur, 764 A.2d 69, 73 (Pa. Super. 2000) (en banc) (holding weight claim, which trial court failed to address in opinion, was still reviewable on appeal because court’s denial of post-sentence motion signified court’s dismissal of claim), appeal dismissed as…
discussed
Cited "see"
Com. v. Wolf, P.
See Commonwealth v. Upshur, 764 A.2d 69, 73 (Pa. Super. 2000) (en banc), appeal dismissed as improvidently granted, 782 A.2d 538 (Pa. 2001) (holding weight claim was still reviewable even where the trial court did not specifically address the claim but denied the post- sentence motion).
discussed
Cited "see, e.g."
Commonwealth v. Keys
(2×)
See Commonwealth v. Barnes, 310 Pa.Super. 480 , 456 A.2d 1087 (1983); see also Commonwealth v. Upshur, 764 A.2d 69 (Pa.Super.2000) (en bane) (plurality), appeal dismissed as improvidently granted, 566 Pa. 589 , 782 A.2d 538 (2001).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania, Appellee,
v.
Tyrone UPSHUR, Appellant.
v.
Tyrone UPSHUR, Appellant.
Zappala, Cappy, Castille, Nigro, Newman and Saylor.
Published
Daniel A. Rendline, Philadelphia, for Tyrone Upshur.
Catherine Lynn Marshall, Philadelphia, for Commonwealth of Pennsylvania.
[*539] Before ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.
Prior Report: 2000 Pa.Super. 376, 764 A.2d 69.
ORDER
PER CURIAM.
Appeal dismissed as having been improvidently granted.
Chief Justice FLAHERTY did not participate in the consideration or decision of this case.