green
Positive treatment
Quoted verbatim 3×
17.4 score
G Cite
cited 6× by 1 distinct case ·
"it is well established in this Commonwealth that a mere conflict of testimony does not render the evidence insufficient"
cited 3× by 1 distinct case ·
“Con *647 ner II ”
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001
2013
2026
Top citers, strongest first. 42 distinct citers.
examined
Cited as authority (quoted)
Commonwealth v. Fletcher
(4×)
also: Cited "see, e.g."
it is well established in this commonwealth that a mere conflict of testimony does not render the evidence insufficient
discussed
Cited as authority (quoted)
Kevin A. Conner v. Daniel McBride Superintendent
con 647 ner ii
cited
Cited "see"
Ramiro Ibarra v. Lorie Davis, Director
See Ibarra v. State of Texas, 11 S.W.3d 189 (Tex.Crim.App.1999), reh’g denied (Dec. 8, 1999), cert. denied, Rubi Ibarra v. Texas, 531 U.S. 828 , 121 S. Ct. 79 , 148 L.Ed.2d 41 (2000).
cited
Cited "see"
Com. v. Hogg, S.
See Commonwealth v. Small, 741 A.2d 666, 681 (Pa. 1999), cert. denied, 531 U.S. 829 (2000).
cited
Cited "see"
Ramiro Ibarra v. Lorie Davis, Director
See Ibarra v. State of Texas, 11 S.W.3d 189 (Tex.Crim.App.1999), reh'g denied (Dec. 8, 1999), cert. denied, Rubi Ibarra v. Texas, 531 U.S. 828 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000).
discussed
Cited "see"
Com. v. Burton, D.
See Commonwealth v. Koehler, 737 A.2d 225, 240-41 (Pa. 1999), cert. denied, 531 U.S. 829 (2000); Commonwealth v. Chester, 587 A.2d 1367, 1378 (Pa.), cert. denied, 502 U.S. 849 (1991), and, 502 U.S. 959 (1991). - 16 - J-S10042-17 his witnesses.
discussed
Cited "see"
Com. v. Joiner, B.
See Commonwealth v. Small, 559 Pa. 423 , 741 A.2d 666 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 80 , 148 L.Ed.2d 42 (describing requirements of after-discovered evidence exception). -3- J-S62042-15 Judgment Entered.
discussed
Cited "see"
Commonwealth v. Mitchell, W., Aplt
(2×)
See Commonwealth v. Small, 559 Pa. 423 , 741 A.2d 666 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 80 , 148 L.Ed.2d 42 (2000) (finding Brady claim failed where the appellant failed to show the alleged evidence ever existed).
discussed
Cited "see"
Commonwealth v. Kunkle
(2×)
Commonwealth v. Luster, 71 A.3d 1029, 1041 (Pa.Super.2013) {en banc) (affirming admission under Pa.R.E. 803(3) of decedent’s hearsay statement that decedent was “scared” of defendant, that defendant was “trying to kill” decedent, and that defendant “was going to do something real bad to [decedent]”); see-also Commonwealth v. Puksar, 559 Pa. 358 , 740 A.2d 219, 225 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 79 , 148 L.Ed.2d 42 (2000) (victim’s statements regarding his distrust of defendant and victim’s belief that defendant was committing fraud were admissible to prove mot…
examined
Cited "see"
Commonwealth v. Luster
(4×)
See Commonwealth v. Puksar, 559 Pa. 358 , 740 A.2d 219, 225 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 79 , 148 L.Ed.2d 42 (2000) (victim’s statements that he did not trust defendant/brother and that he believed-that defendant was trying to pass off replica model trains as originals were admissible to prove motive and ill will between brothers).
cited
Cited "see"
Ramiro Ibarra v. Rick Thaler, Director
See Ibarra v. State of Texas, 11 S.W.3d 189 (Tex.Crim.App.1999), reh’g denied (Dec. 8, 1999), cert. denied, Rubi Ibarra v. Texas, 531 U.S. 828 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000).
examined
Cited "see"
Commonwealth v. Moore
(4×)
See Fletcher, 750 A.2d at 276 , (citing Commonwealth v. Puksar, 559 Pa. 358 , 740 A.2d 219, 225 (1999) , cert. denied, 531 U.S. 829 , 121 S.Ct. 79 , 148 L.Ed.2d 42 (2000) , Commonwealth v. Chandler, 554 Pa. 401 , 721 A.2d 1040, 1045 (1998), and Commonwealth v. Collins, 550 Pa. 46 , 703 A.2d 418, 424-25 (1997), cert. denied, 525 U.S. 1015 , 119 S.Ct. 538 , 142 L.Ed.2d 447 (1998)).
discussed
Cited "see"
Commonwealth v. Fisher
(2×)
See Fisher v. Pennsylvania, 531 U.S. 829 , 121 S.Ct. 81 , 148 L.Ed.2d 43 (2000).
cited
Cited "see"
Richard D. Clay v. Michael Bowersox
See Kingsberry v. United States, 202 F.3d 1030, 1033 (8th Cir.), cert. denied, 531 U.S. 829 (2000). -12- B.
cited
Cited "see"
RICHARD D. CLAY, — APPELLEE/CROSS v. MICHAEL BOWERSOX, — APPELLANT/CROSS
See Kingsberry v. United States, 202 F.3d 1030, 1033 (8th Cir.), cert. denied, 531 U.S. 829 , 121 S.Ct. 81 , 148 L.Ed.2d 43 (2000).
cited
Cited "see"
Karnes v. State
See Ibarra v. State, 11 S.W.3d 189, 197 (Tex.Crim.App.1999), cer t. denied, 531 U.S. 828 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000).
cited
Cited "see"
Ray v. State
See Ibarra v. State, 11 S.W.3d 189, 197 (Tex.Crim.App.1999), cert. denied, 531 U.S. 828 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000); Tex.R.App.
discussed
Cited "see"
Commonwealth v. Kohan
See Commonwealth v. Hudson, 820 A.2d 720 (Pa.Super.2003) (claim of ineffective assistance of counsel raised in timely post-sentence motion may be considered on direct appeal from judgment of sentence). [6] This not to say, however, that appellant could not make out a claim of layered ineffectiveness in an ensuing PCRA proceeding. [7] In Commonwealth v. Mason, 559 Pa. 500, 517-18 , 741 A.2d 708, 717-18 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 81 , 148 L.Ed.2d 43 (2000), the Pennsylvania Supreme Court addressed an after-discovered claim that was presented in the same procedural posture as …
cited
Cited "see"
Guevara v. State
See Ibarra v. State, 11 S.W.3d 189, 197 (Tex.Crim.App.1999), ce rt. denied, 531 U.S. 828 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000).
discussed
Cited "see"
Commonwealth v. McCalman
(2×)
See Commonwealth v. Thompson, 559 Pa. 229 , 739 A.2d 1023 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000) (finding sufficient evidence presented to convict appellant of aggravated assault where appellant shot at and narrowly missed the victim); see also Commonwealth v. Woods, 710 A.2d 626 (Pa.Super.1998) (holding specific intent to harm may be inferred from the circumstances and that finding is a matter for the jury).
cited
Cited "see"
Wieghat v. State
See Ibarra v. State, 11 S.W.3d 189, 197 (Tex.Crim.App.1999), cert, denied, 531 U.S. 828 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000).
discussed
Cited "see"
Commonwealth v. Fisher
(2×)
See Commonwealth v. Koehler, 558 Pa. 334, 352 , 737 A.2d 225, 234 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000).
discussed
Cited "see"
Commonwealth v. Andrews
(2×)
See Commonwealth v. Koehler, 558 Pa. 334, 371 , 737 A.2d 225, 245 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000).
discussed
Cited "see, e.g."
Com. v. Haynes, R.
See 18 Pa.C.S.A. § 303(b) (doctrine of transferred intent); see also Commonwealth v. Thompson, 739 A.2d 1023 (Pa. 1999), cert. denied, 531 U.S. 829 (2000) (if intent to commit crime exists, this intent can be transferred for purpose of finding intent element of another crime).
discussed
Cited "see, e.g."
Tate v. United States
See also Kingsberry v. United States, 202 F.3d 1030, 1032 (8th Cir.) (if the petitioner makes an insufficient showing on one component, the court need not address both components), cert. denied, 531 U.S. 829 (2000).
discussed
Cited "see, e.g."
Holmes v. Jennings
A court need not even determine whether a movant meets the “performance” prong of the Strickland test because both the United States Supreme Court and the Eighth Circuit Court of Appeals have noted that “‘[i]f it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.’” Young v. Bowersox, 161 F.3d 1159, 1160 (8th Cir. 1998 ); see also Kingsberry v. United States, 202 F.3d 1030, 1032 (8th Cir.) (if the petitioner makes an insufficient showing on one component, the court need not…
discussed
Cited "see, e.g."
Nelson v. Payne
A court need not even determine whether a movant meets the “performance” prong of the Strickland test because both the United States Supreme Court and the Eighth Circuit Court of Appeals have noted that “‘[i]f it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.’” Young v. Bowersox, 161 F.3d 1159, 1160 (8th Cir. 1998 ); see also Kingsberry v. United States, 202 F.3d 1030, 1032 (8th Cir.) (if the petitioner makes an insufficient showing on one component, the court need not…
discussed
Cited "see, e.g."
Harvey v. United States
A court need not even determine whether a movant meets the “performance” prong of the Strickland test because both the United States Supreme Court and the Eighth Circuit Court of 5 Appeals have noted that “‘[i]f it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.’” Young v. Bowersox, 161 F.3d 1159, 1160 (8th Cir. 1998 ); see also Kingsberry v. United States, 202 F.3d 1030, 1032 (8th Cir.) (if the petitioner makes an insufficient showing on one component, the court need n…
discussed
Cited "see, e.g."
Ballard v. United States
A court need not even determine whether a movant meets the “performance” prong of the Strickland test because both the United States Supreme Court and the Eighth Circuit Court of Appeals have noted that “‘[i]f it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.’” Young v. Bowersox, 161 F.3d 1159, 1160 (8th Cir. 1998 ); see also Kingsberry v. United States, 202 F.3d 1030, 1032 (8th Cir.) (if the petitioner makes an insufficient showing on one component, the court need not…
discussed
Cited "see, e.g."
Ramsey v. United States
A court, however, may not need to determine whether a movant meets the “performance” prong of the Strickland test. “‘If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.’” Young v. Bowersox, 161 F.3d 1159, 1160 (8th Cir. 1998) (quoting Strickland, 466 U.S. at 697), cert. denied, 528 U.S. 880 (1998); see also Kingsberry v. United States, 202 F.3d 1030, 1032 (8th Cir.) (holding if the defendant makes an insufficient showing on one component, the court need not address bo…
discussed
Cited "see, e.g."
Stewart v. United States
A court, however, may not need to determine whether a movant meets the “performance” prong of the Strickland test. “‘If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.’” Young v. Bowersox, 161 F.3d 1159, 1160 (8th Cir. 1998) (quoting Strickland, 466 U.S. at 697), cert. denied, 528 U.S. 880 (1998); see also Kingsberry v. United States, 202 F.3d 1030, 1032 (8th Cir.) (holding if the defendant makes an insufficient showing on one component, the court need not address bo…
discussed
Cited "see, e.g."
Wilhelm v. United States
A court need not even determine whether a movant meets the “performance” prong of the Strickland test because both the United States Supreme Court and the Eighth Circuit Court of Appeals have noted that “‘[iJf it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Young v. Bowersox, 161 F.3d 1159, 1160 (8th Cir. 1998); see also Kingsberry v. United States, 202 F.3d 1030, 1032 (8th Cir.) (if the petitioner makes an insufficient showing on one component, the court need not add…
discussed
Cited "see, e.g."
Miller v. United States
A court need not even determine whether a movant meets the “performance” prong of the Strickland test because both the United States Supreme Court and the Eighth Circuit Court of Appeals have noted that “‘[i]f it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.’” Young v. Bowersox, 161 F.3d 1159, 1160 (8th Cir. 1998 ); See also Kingsberry v. United States, 202 F.3d 1030, 1032 (8th Cir.) (if the petitioner makes an insufficient showing on one component, the court need not…
discussed
Cited "see, e.g."
Com. v. Muhammad, M.
See e.g., Commonwealth v. Small, 741 A.2d' 666, 672 (Pa. 1999) (rejecting ·argument that evidence supporting. his murder conviction was insufficient due to inconsistencies between various witnesses' testimony because "[although appellant phrases this as a sufficiency argument, the challenge goes to the weight of the evidence"), cert. denied, 531 U.S. 829 (2000); Commonwealth v. Sullivan, 864 A.2d 1246, 1249-50 (Pa. Super. 2004) (finding credibility arguments inappropriate for sufficiency claim); Commonwealth v. Hodge, 658 A.2d 386, 389 (Pa. Super. 1995) ("Unlike the challenge of legal suffici…
discussed
Cited "see, e.g."
Com. v. Muhammad, M.
See e.g., Commonwealth v. Small, 741 A.2d 666, 672 (Pa. 1999) (rejecting argument that evidence supporting .his murder conviction was insufficient due to inconsistencies between various witnesses' testimony because ''[ although appellant phrases this as a sufficiency argument, the challenge goes to the . weight of the evidence"), cert. denied, 531 U.S. 829 (2000); Commonwealth v. Sullivan, 864 A.2d 1246, 1249-50 (Pa. Super. 2004) (finding credibility arguments inappropriate for sufficiency claim); Commonwealth v. Hodge, 658 A.2d 386, 389 (Pa. Super. 1995) ("Unlike the challenge of legal suffic…
discussed
Cited "see, e.g."
Commonwealth v. Boich
(2×)
See also Commonwealth v. Koehler, 558 Pa. 334 , 737 A.2d 225 (1999) cert. denied, 531 U.S. 829 , 121 S.Ct. 79 , 148 L.Ed.2d 41 (2000) (affirming trial court's decision to overrule defense challenge to witness' testimonial competency *111 on grounds of psychiatric instability and/or drug use, where court listened to witness testify and observed nothing to indicate impairment of witness' ability to observe, recall, or relate events relevant to case). ¶ 24 Pennsylvania case law does not expressly define "compelling need" in the context of a court-ordered, involuntary psychiatric examination of a…
examined
Cited "see, e.g."
Commonwealth v. Levanduski
(4×)
Compare Commonwealth v. Puksar, 559 Pa. 358, 368 , 740 A.2d 219, 225 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 79 , 148 L.Ed.2d 42 (2000) (admitting testimony at trial from witness who overheard dispute between victim and accused, because fact that dispute occurred demonstrated ill-will between victim and accused as well as accused's motive for killing victim; testimony *17 did not pertain to truth of subject matter of dispute but only to fact that dispute occurred); Commonwealth v. Chandler, 554 Pa. 401 , 721 A.2d 1040 (1998) (deeming issue waived on other grounds, but discussing admissi…
discussed
Cited "see, e.g."
Commonwealth v. Medrano
See also Commonwealth v. Small, 559 Pa. 423, 450 , 741 A.2d 666, 681 (1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 80 , 148 L.Ed.2d 42 (2000). ¶ 11 Although it is more often repeated in cases involving protection against double jeopardy, the idea that the government exercises unbridled power over a citizen is contrary to our fundamental notions of liberty.
examined
Cited "see, e.g."
Commonwealth v. Stallworth
(4×)
See Commonwealth v. Fletcher, 561 Pa. 266, 293-94 , 750 A.2d 261, 275-76 (2000) (holding that the victim’s assertion that he had used a package of drugs belonging to the appellant was admissible under the state of mind exception as evidence of the appellant’s motive); Commonwealth v. Chandler, 554 Pa. 401, 411 , 721 A.2d 1040, 1045 (1998) (holding similarly); Commonwealth v. Collins, 550 Pa. 46, 58-60 , 703 A.2d 418, 424-25 (1997) (holding similarly), cert. denied, 525 U.S. 1015 , 119 S.Ct. 538 , 142 L.Ed.2d 447 (1998); see also Commonwealth v. Puksar, 559 Pa. 358, 368 , 740 A.2d 219, 225 …
discussed
Cited "see, e.g."
Owens v. State
Taylor v. State, 717 N.E.2d 90, 93 (Ind.1999); Ellison v. State, 717 N.E.2d 211, 213 (Ind.Ct.App.1999), trans. denied; see also Conner v. State, 711 N.E.2d 1238, 1246 (Ind.1999), cert. denied, 531 U.S. 829 , 121 S.Ct. 81 , 148 L.Ed.2d 43 (2000) (error must be so prejudicial to the rights of the defendant as to make a fair trial impossible).
Koehler
v.
Pennsylvania
v.
Pennsylvania
No. 99-8797.
Supreme Court of the United States.
Oct 2, 2000.
Cited by 2 opinions | Published
Citer courts: Seventh Circuit (2) · Supreme Court of Pennsylvania (2)
Sup. Ct. Pa. Cer-tiorari denied.