unambiguous rule (Pennsylvania) · Go Syfert
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unambiguous rule in Pennsylvania

5 Pennsylvania opinions name it 2 courts 2011–2023 2 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 (4)

CaseFollowedCited
United States v. Renato Torresgreen
ca7 · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023The majority ignores that jeopardy never attached because Redanauer was simply “never subjected to the risk of being convicted” at his preliminary hearing, Commonwealth v. Hunter, 674 A.2d 306 , 307–08 (Pa. Super. 1996), and because “[y]ou can’t have double jeopardy without a former jeopardy,” United States v. Torres, 28 F.3d 1463, 1465 (7th Cir. 1994), and “double jeopardy” would not bar further prosecution on docket 7444.

11
Liciaga v. Court of Common Pleasgreen
pa · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Absent a finding of a prima facie case (or an unambiguous waiver of a preliminary hearing under Rule of Criminal Procedure 541), “the defendant is not exposed to a finding of responsibility for the alleged errant conduct and jeopardy does not attach.” Liciaga v. Ct. of Common Pleas of Lehigh Cty., 566 A.2d 246, 248 (Pa. 1989) (opinion announcing judgment of court) (citation omitted); see also Commonwealth v. Cordoba, 902 A.2d 1280 , 1284–85 (Pa. Super. 2006).

11
Commonwealth v. Cordobagreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Absent a finding of a prima facie case (or an unambiguous waiver of a preliminary hearing under Rule of Criminal Procedure 541), “the defendant is not exposed to a finding of responsibility for the alleged errant conduct and jeopardy does not attach.” Liciaga v. Ct. of Common Pleas of Lehigh Cty., 566 A.2d 246, 248 (Pa. 1989) (opinion announcing judgment of court) (citation omitted); see also Commonwealth v. Cordoba, 902 A.2d 1280 , 1284–85 (Pa. Super. 2006).

11
Miller v. Alabamagreen
scotus · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Miller, 567 U.S. at 481 .

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 (4)

CaseCitedYears
Commonwealth v. Hunter green
pasuperct · 1996
1 sentence

2023The majority ignores that jeopardy never attached because Redanauer was simply “never subjected to the risk of being convicted” at his preliminary hearing, Commonwealth v. Hunter, 674 A.2d 306 , 307–08 (Pa. Super. 1996), and because “[y]ou can’t have double jeopardy without a former jeopardy,” United States v. Torres, 28 F.3d 1463, 1465 (7th Cir. 1994), and “double jeopardy” would not bar further prosecution on docket 7444.

12023–2023
McLaughlin v. Monaghan green
pa · 1927
2 sentences

2023McLaughlin v. Monaghan, 290 Pa. 74 , 138 A. 79 (1927); Starling v. West Erie Ave.

2023McLaughlin v. Monaghan, 290 Pa. 74 , 138 A. 79 (1927); Starling v. West Erie Ave.

12023–2023
Commonwealth v. Hill green
pa · 2011
1 sentence

2015Hill, 16 A.3d at 494 .

12015–2015
Dietrich v. Dietrich green
pasuperct · 2007
1 sentence

2011Id.

12011–2011

Where else courts name it

TX 19 (2004–2025) NY 9 (1955–2023) IL 8 (1983–2022) NM 8 (1994–2018) FL 8 (1988–2023) CO 8 (1996–2017) DE 6 (1995–2020) OH 6 (1986–2019) MI 6 (1911–2021) WA 6 (2001–2024) PA 5 (2011–2023) CA 5 (1998–2020) MN 5 (1990–2026) MS 3 (1997–2017) WI 3 (2002–2006) LA 3 (1994–2008) AZ 3 (1988–2018) GA 3 (2001–2024) KS 2 (1968–1996) OR 2 (1982–2012) ID 2 (1989–2012) MO 2 (2021–2024) UT 2 (1992–2014) MA 2 (1994–2010) WV 2 (1998–2007)

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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