fact-driven inquiry (Pennsylvania) · Go Syfert
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fact-driven inquiry in Pennsylvania

5 Pennsylvania opinions name it 2 courts 2017–2020 0 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 (5)

CaseFollowedCited
Scott Estategreen
pa · 1974 · cited in 2 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017See Basile v. H & R Block, Inc., 52 A.3d 1202, 1210 (Pa. 2012) (noting "the 'intensely fact -specific' nature of this inquiry"); In re Estate of Scott, 316 A.2d 883, 885 (Pa. 1974) ("The concept of a confidential relationship cannot be reduced to a catalogue of specific circumstances, invariably falling to the left or right of a definitional line. . . . [E]ach case must be analyzed on its own facts.").

2017See Basile v. H & R Block, Inc., 617 Pa. 212 , 62 A.3d 1202, 1210 (2012) (noting “the ‘intensely fact-specific’ nature of this inquiry”); In re Estate of Scott, 455 Pa. 429 , 316 A.2d 883, 885 (1974) (“The concept of a confidential relationship cannot be reduced to a catalogue of specific circumstances, invariably falling to the left or right of a definitional line. ... [E]ach case must be analyzed on its own facts.”).

22
Commonwealth v. Andrewsgreen
pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Commonwealth v. Andrews, 768 A.2d 309, 313-314 (Pa. 2001) (holding that a challenge to whether an appellant’s -3- J-S57012-17 criminal conduct amounted to one conspiracy or more is a fact-driven inquiry and constitutes a sufficiency claim, rather than a non-waivable illegality of the sentence issue).

11
Commonwealth v. Mitchellgreen
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017To prove criminal conspiracy, the Commonwealth must show that an appellant “1) entered into an agreement to commit or aid in an unlawful act with another person or persons; 2) with a shared criminal intent; and 3) an overt act was done in furtherance of the conspiracy.” Commonwealth v. Mitchell, 135 A.3d 1097, 1102 (Pa. Super. 2016) (citation omitted).

11
Kerry-X v. Department of Correctionsgreen
pa · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Basile v. H & R Block, Inc., 52 A.3d 1202, 1210 (Pa. 2012) (noting "the 'intensely fact -specific' nature of this inquiry"); In re Estate of Scott, 316 A.2d 883, 885 (Pa. 1974) ("The concept of a confidential relationship cannot be reduced to a catalogue of specific circumstances, invariably falling to the left or right of a definitional line. . . . [E]ach case must be analyzed on its own facts.").

11
Basile v. H & R Block, Inc.green
pa · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Basile v. H & R Block, Inc., 617 Pa. 212 , 62 A.3d 1202, 1210 (2012) (noting “the ‘intensely fact-specific’ nature of this inquiry”); In re Estate of Scott, 455 Pa. 429 , 316 A.2d 883, 885 (1974) (“The concept of a confidential relationship cannot be reduced to a catalogue of specific circumstances, invariably falling to the left or right of a definitional line. ... [E]ach case must be analyzed on its own facts.”).

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 (1)

CaseCitedYears
Commonwealth v. Glass green
pa · 2000
2 sentences

2020The MMA has altered the fact of marijuana’s previously universal illegality, and probable cause is a fact- driven standard “not readily, or even usefully, reduced to a neat set of legal rules.” Glass, 754 A.2d at 663 .

2020The MMA has altered the fact of marijuana’s previously universal illegality, and probable cause is a fact- driven standard “not readily, or even usefully, reduced to a neat set of legal rules.” Glass, 754 A.2d at 663 .

22020–2020

Where else courts name it

CA 12 (1998–2026) TX 11 (2009–2023) MO 11 (2000–2024) TN 9 (2000–2015) NY 6 (2004–2024) PA 5 (2017–2020) OH 4 (2004–2025) IL 3 (2001–2012) WV 3 (2013–2021) KS 3 (2007–2021) MI 3 (2007–2008) SC 2 (2007–2019) AL 2 (2018–2018)

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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