34 Pennsylvania opinions name it 5 courts 1849–2026 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.
| Case | Followed | Cited |
|---|---|---|
Com., Dept. of Transp. v. Renwickgreen2 sentences2006Accordingly, like the trial court, we conclude that Licensee had a meaningful opportunity to comply with section 1547 of the Code and agree to submit to the blood test and that his silence constituted a refusal in violation of section 1547 of the Code. [7] Department of Transportation v. Renwick, 543 Pa. 122, 131 , 669 A.2d 934, 939 (1996) (quoting Department of Transportation, Bureau of Traffic Safety v. Mumma, 79 Pa.Cmwlth. 108 , 468 A.2d 891, 892 (1983)) (holding that "anything less than an unqualified, unequivocal assent [to chemical testing following an arrest for DUI] constitutes a refus 2006Accordingly, like the trial court, we conclude that Licensee had a meaningful opportunity to comply with section 1547 of the Code and agree to submit to the blood test and that his silence constituted a refusal in violation of section 1547 of the Code. [7] Department of Transportation v. Renwick, 543 Pa. 122, 131 , 669 A.2d 934, 939 (1996) (quoting Department of Transportation, Bureau of Traffic Safety v. Mumma, 79 Pa.Cmwlth. 108 , 468 A.2d 891, 892 (1983)) (holding that "anything less than an unqualified, unequivocal assent [to chemical testing following an arrest for DUI] constitutes a refus | 3 | 3 |
Commonwealth v. Ingbergreen2 sentences2026See Commonwealth v. Ingber, 531 A.2d 1101, 1102 (Pa. 1987) (“a new trial must be awarded” if the refusal of a defense challenge for cause to a venireperson was erroneous); Commonwealth v. Peterkin, 513 A.2d 373 , 376 n.6 (Pa. 1986) (“Errors of admission raise independent issues and may for constitutional or other reasons require a new trial[.]”). -7- J-S41040-25 J-S41041-25 In his first issue, Defendant asserts that his convictions are “the product of a flawed jury selection process” and the trial court erred by denying his motion to strike prospective jury panelist #37 (“Panelist 37”) for cau 2016See Ingber, 531 A.2d at 1104 . | 2 | 2 |
Commonwealth v. Mummagreen2 sentences2006Accordingly, like the trial court, we conclude that Licensee had a meaningful opportunity to comply with section 1547 of the Code and agree to submit to the blood test and that his silence constituted a refusal in violation of section 1547 of the Code. [7] Department of Transportation v. Renwick, 543 Pa. 122, 131 , 669 A.2d 934, 939 (1996) (quoting Department of Transportation, Bureau of Traffic Safety v. Mumma, 79 Pa.Cmwlth. 108 , 468 A.2d 891, 892 (1983)) (holding that "anything less than an unqualified, unequivocal assent [to chemical testing following an arrest for DUI] constitutes a refus 2006Accordingly, like the trial court, we conclude that Licensee had a meaningful opportunity to comply with section 1547 of the Code and agree to submit to the blood test and that his silence constituted a refusal in violation of section 1547 of the Code. [7] Department of Transportation v. Renwick, 543 Pa. 122, 131 , 669 A.2d 934, 939 (1996) (quoting Department of Transportation, Bureau of Traffic Safety v. Mumma, 79 Pa.Cmwlth. 108 , 468 A.2d 891, 892 (1983)) (holding that "anything less than an unqualified, unequivocal assent [to chemical testing following an arrest for DUI] constitutes a refus | 2 | 2 |
Commonwealth v. Peterkingreen1 sentence2026See Commonwealth v. Ingber, 531 A.2d 1101, 1102 (Pa. 1987) (“a new trial must be awarded” if the refusal of a defense challenge for cause to a venireperson was erroneous); Commonwealth v. Peterkin, 513 A.2d 373 , 376 n.6 (Pa. 1986) (“Errors of admission raise independent issues and may for constitutional or other reasons require a new trial[.]”). -7- J-S41040-25 J-S41041-25 In his first issue, Defendant asserts that his convictions are “the product of a flawed jury selection process” and the trial court erred by denying his motion to strike prospective jury panelist #37 (“Panelist 37”) for cau | 1 | 1 |
Commonwealth v. Kellygreen1 sentence2024“The improper refusal of a challenge for cause is harmless error where the juror is excluded by a peremptory challenge and the defendant does not exhaust his peremptory challenges.” Commonwealth v. Kelly, 134 A.3d 59, 62 (Pa.Super. 2016). | 1 | 1 |
Commonwealth v. Olsengreen1 sentence2019See Commonwealth v. Olsen, 82 A.3d 1041, 1048 (Pa.Super. 2013) (holding evidence was sufficient to allow jury to conclude beyond a reasonable doubt that the defendant’s refusal was knowing where the officer “attempted to administer the refusal warnings to [her], but her obnoxious behavior prevented him from completing the recitation and obtaining a knowing waiver”). | 1 | 1 |
Marone v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen1 sentence2017Marone v. Department of Transportation, Bureau of Driver Licensing, 990 A.2d 1187, 1190 (Pa. Cmwlth. 2010). | 1 | 1 |
Bush v. Brightgreen2 sentences1993It is simply because such a person has the physical power to make the test impractical, and dangerous to himself and those charged with administering it, that it is excused upon an indication of his unwillingness. * * * ’ Bush v. Bright, 264 Cal.App.2d 788, 790, 792 , 71 Cal.Rptr. 123 at 124, 125 (1968) (original emphasis). ‘Thus refusal as contemplated by the statute is something other than withholding of consent because consent is legally implied. 1993It is simply because such a person has the physical power to make the test impractical, and dangerous to himself and those charged with administering it, that it is excused upon an indication of his unwillingness. * * * ’ Bush v. Bright, 264 Cal.App.2d 788, 790, 792 , 71 Cal.Rptr. 123 at 124, 125 (1968) (original emphasis). ‘Thus refusal as contemplated by the statute is something other than withholding of consent because consent is legally implied. | 1 | 1 |
Isaacson v. First Security Bank of Utahgreen2 sentences1989Likewise, in Isaacson v. First Security Bank, 95 Idaho 452 , 511 P.2d 269 (1973), the Supreme Court of Idaho concluded that a transfer of property by one of the appellees therein to his son was in the nature of a gift, although resembling a sale, and that there had been, therefore, no sale within the meaning of the first refusal provision of the lease involved in that case. 2 The Isaacson court opined, “[w]here the lessor has indicated his desire to give and not to sell the property subject to the right of first refusal, it cannot be said that the condition precedent to the ripening of the rig 1989Likewise, in Isaacson v. First Security Bank, 95 Idaho 452 , 511 P.2d 269 (1973), the Supreme Court of Idaho concluded that a transfer of property by one of the appellees therein to his son was in the nature of a gift, although resembling a sale, and that there had been, therefore, no sale within the meaning of the first refusal provision of the lease involved in that case. 2 The Isaacson court opined, “[w]here the lessor has indicated his desire to give and not to sell the property subject to the right of first refusal, it cannot be said that the condition precedent to the ripening of the rig | 1 | 1 |
Commonwealth v. Kenneygreen2 sentences1973See Commonwealth v. Kenney, 449 Pa. 562 , 297 A. 2d 794 (1972); Commonwealth v. Banks, 447 Pa. 356 , 285 A. 2d 506 (1971); Commonwealth v. Matthews, 446 Pa. 65 , 285 A. 2d 510 (1971). 1973See Commonwealth v. Kenney, 449 Pa. 562 , 297 A. 2d 794 (1972); Commonwealth v. Banks, 447 Pa. 356 , 285 A. 2d 506 (1971); Commonwealth v. Matthews, 446 Pa. 65 , 285 A. 2d 510 (1971). | 1 | 1 |
| Sayres v. Commonwealthgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Bibalo
green
2 sentences1987Commonwealth v. Moore, 462 Pa. 231 , 340 A.2d 447 (1975); Commonwealth v. Moon, 389 Pa. 304 , 132 A.2d 224 (1975); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953); Commonwealth v. Bibalo, 375 Pa. 257 , 100 A.2d 45 (1953). 1987Commonwealth v. Moore, 462 Pa. 231 , 340 A.2d 447 (1975); Commonwealth v. Moon, 389 Pa. 304 , 132 A.2d 224 (1975); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953); Commonwealth v. Bibalo, 375 Pa. 257 , 100 A.2d 45 (1953). | 2 | 1957–1987 |
Commonwealth v. Moore
green
2 sentences1980In Commonwealth v. Moore, 246 Pa.Super. 163 , 369 A.2d 862 (1977), we held that a trial judge’s refusal to rule on a Bighum motion was equivalent to an adverse ruling on the issue. 1980In Commonwealth v. Moore, 246 Pa.Super. 163 , 369 A.2d 862 (1977), we held that a trial judge’s refusal to rule on a Bighum motion was equivalent to an adverse ruling on the issue. | 2 | 1980–1986 |
Kachurak v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
green
1 sentence2016Licensee acknowledges that courts of this Commonwealth have considered "a license suspension issued by the Department" as "civil in nature and does not require a lawful traffic stop pursuant to reasonable suspicion." (Licensee's Br. at 10.) However, Licensee argues that the evidence from the DUI criminal proceedings supporting a finding that the traffic stop was illegal should be admitted because "the suspension of a license for a refusal to test is not civil in the traditional legal sense as it involves action against a citizen ... pursuant to a police officer's exercise of law enforcement au | 1 | 2016–2016 |
Com., Dept. of Transp. v. O'CONNELL
green
1 sentence2016She was read the O’Connell[6] warnings and began ____________________________________________ 5 Miranda v. Arizona, 384 U.S. 436 (1966). 6 The court refers to the refusal warnings as “O’Connell warnings.” See Dep’t of Transp., Bureau of Traffic Safety v. O’Connell Department of Transportation v. O'Connell, 555 A.2d 873 (Pa. 1989). | 1 | 2016–2016 |
Miranda v. Arizona
green
1 sentence2016She was read the O’Connell[6] warnings and began ____________________________________________ 5 Miranda v. Arizona, 384 U.S. 436 (1966). 6 The court refers to the refusal warnings as “O’Connell warnings.” See Dep’t of Transp., Bureau of Traffic Safety v. O’Connell Department of Transportation v. O'Connell, 555 A.2d 873 (Pa. 1989). | 1 | 2016–2016 |
Joseph Palermo Development Corp. v. Bowers
green
1 sentence1989In Palermo, the court noted that where amended rules of civil procedure have been deemed to be inapplicable to cases pending on the effective date of the amended Rule, one of the significant reasons for the refusal to apply the rule to the pending case is “the injustice inherent in changing the rules in the middle of the game when the parties are relying on certain procedures.” Palermo, supra, 388 Pa.Super. at —, 564 A.2d at 998 . | 1 | 1989–1989 |
Sheakley v. Commonwealth
green
2 sentences1989N.T., Transcript I., pp. 4-5, 7. 3 The trial court dismissed Appellant’s argument that Sheakley v. Department of Transportation, 99 Pa. Commonwealth Ct. 328 , 513 A.2d 551 (1986), appeal denied, 515 Pa. 586 , 527 A.2d 546 (1987), was controlling but relied upon dicta in Sheakley when it found the warning defective. 1989N.T., Transcript I., pp. 4-5, 7. 3 The trial court dismissed Appellant’s argument that Sheakley v. Department of Transportation, 99 Pa. Commonwealth Ct. 328 , 513 A.2d 551 (1986), appeal denied, 515 Pa. 586 , 527 A.2d 546 (1987), was controlling but relied upon dicta in Sheakley when it found the warning defective. | 1 | 1989–1989 |
Bennett v. Dove
green
2 sentences1989The language of the refusal clause in Bennett was, “desires to sell”, and the West Virginia Court concluded, as we do here, that “sell” is “commonly and ordinarily understood to mean an act of giving up property for money that the buyer either pays or promises to pay in the future.” Id. at 774-75 , 277 S.E.2d at 619 . 1989The language of the refusal clause in Bennett was, “desires to sell”, and the West Virginia Court concluded, as we do here, that “sell” is “commonly and ordinarily understood to mean an act of giving up property for money that the buyer either pays or promises to pay in the future.” Id. at 774-75 , 277 S.E.2d at 619 . | 1 | 1989–1989 |
Maffei v. Commonwealth, Department of Transportation
green
2 sentences1988The court stated that that section provides that “a motorist is thus deemed to consent to a blood test, not a blood test accompanied by a signed waiver of liability.” 53 Pa. Commw. at 185 , 416 A.2d at 1169 . (emphasis supplied) The court continued by saying that a license suspension under section 1547 is a sanction for refusal to submit to a chemical test for blood alcohol content; it is not a sanction for the refusal of a test linked to the execution of a release of liability. 1988The court stated that that section provides that “a motorist is thus deemed to consent to a blood test, not a blood test accompanied by a signed waiver of liability.” 53 Pa. Commw. at 185 , 416 A.2d at 1169 . (emphasis supplied) The court continued by saying that a license suspension under section 1547 is a sanction for refusal to submit to a chemical test for blood alcohol content; it is not a sanction for the refusal of a test linked to the execution of a release of liability. | 1 | 1988–1988 |
Kelly v. Commonwealth
neutral
2 sentences1988Id. at 4 , 536 A.2d at 466 . 1988Id. at 4 , 536 A.2d at 466 . | 1 | 1988–1988 |
Commonwealth v. Moore
green
2 sentences1987Commonwealth v. Moore, 462 Pa. 231 , 340 A.2d 447 (1975); Commonwealth v. Moon, 389 Pa. 304 , 132 A.2d 224 (1975); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953); Commonwealth v. Bibalo, 375 Pa. 257 , 100 A.2d 45 (1953). 1987Commonwealth v. Moore, 462 Pa. 231 , 340 A.2d 447 (1975); Commonwealth v. Moon, 389 Pa. 304 , 132 A.2d 224 (1975); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953); Commonwealth v. Bibalo, 375 Pa. 257 , 100 A.2d 45 (1953). | 1 | 1987–1987 |
Commonwealth v. Moon
green
2 sentences1987Commonwealth v. Moore, 462 Pa. 231 , 340 A.2d 447 (1975); Commonwealth v. Moon, 389 Pa. 304 , 132 A.2d 224 (1975); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953); Commonwealth v. Bibalo, 375 Pa. 257 , 100 A.2d 45 (1953). 1987Commonwealth v. Moore, 462 Pa. 231 , 340 A.2d 447 (1975); Commonwealth v. Moon, 389 Pa. 304 , 132 A.2d 224 (1975); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953); Commonwealth v. Bibalo, 375 Pa. 257 , 100 A.2d 45 (1953). | 1 | 1987–1987 |
Commonwealth v. McGrew
green
2 sentences1987Commonwealth v. Moore, 462 Pa. 231 , 340 A.2d 447 (1975); Commonwealth v. Moon, 389 Pa. 304 , 132 A.2d 224 (1975); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953); Commonwealth v. Bibalo, 375 Pa. 257 , 100 A.2d 45 (1953). 1987Commonwealth v. Moore, 462 Pa. 231 , 340 A.2d 447 (1975); Commonwealth v. Moon, 389 Pa. 304 , 132 A.2d 224 (1975); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953); Commonwealth v. Bibalo, 375 Pa. 257 , 100 A.2d 45 (1953). | 1 | 1987–1987 |
Commonwealth v. Jones
green
2 sentences1984There is not the slightest reason to believe that the jury would have returned a verdict of voluntary manslaughter out of sympathy or in recognition of factors that they may have deemed mitigating where these factors were not sufficiently compelling to cause them to elect the lesser alternative that was offered.” Commonwealth v. Jones, supra, 457 Pa. at 574 , 319 A.2d at 148 . 1984There is not the slightest reason to believe that the jury would have returned a verdict of voluntary manslaughter out of sympathy or in recognition of factors that they may have deemed mitigating where these factors were not sufficiently compelling to cause them to elect the lesser alternative that was offered.” Commonwealth v. Jones, supra, 457 Pa. at 574 , 319 A.2d at 148 . | 1 | 1984–1984 |
Commonwealth v. Ford
green
2 sentences1983In the decisions of this Court in Commonwealth v. Ford, 474 Pa. 480 , 378 A.2d 1215 (1977); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977), we concluded that under certain circumstances the refusal of a defense request for involuntary manslaughter would constitute reversible error. 1983In the decisions of this Court in Commonwealth v. Ford, 474 Pa. 480 , 378 A.2d 1215 (1977); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977), we concluded that under certain circumstances the refusal of a defense request for involuntary manslaughter would constitute reversible error. | 1 | 1983–1983 |
Commonwealth v. Polimeni
green
2 sentences1983In the decisions of this Court in Commonwealth v. Ford, 474 Pa. 480 , 378 A.2d 1215 (1977); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977), we concluded that under certain circumstances the refusal of a defense request for involuntary manslaughter would constitute reversible error. 1983In the decisions of this Court in Commonwealth v. Ford, 474 Pa. 480 , 378 A.2d 1215 (1977); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977), we concluded that under certain circumstances the refusal of a defense request for involuntary manslaughter would constitute reversible error. | 1 | 1983–1983 |
Commonwealth v. Garcia
green
2 sentences1983In the decisions of this Court in Commonwealth v. Ford, 474 Pa. 480 , 378 A.2d 1215 (1977); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977), we concluded that under certain circumstances the refusal of a defense request for involuntary manslaughter would constitute reversible error. 1983In the decisions of this Court in Commonwealth v. Ford, 474 Pa. 480 , 378 A.2d 1215 (1977); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977), we concluded that under certain circumstances the refusal of a defense request for involuntary manslaughter would constitute reversible error. | 1 | 1983–1983 |
Commonwealth v. Hall
green
2 sentences1979The court held that "the veracity of facts establishing probable cause recited in an affidavit supporting a warrant can be challenged and examined at a suppression hearing." 451 Pa. at 204 , 302 A.2d at 344 . 1979The court held that "the veracity of facts establishing probable cause recited in an affidavit supporting a warrant can be challenged and examined at a suppression hearing." 451 Pa. at 204 , 302 A.2d at 344 . | 1 | 1979–1979 |
Commonwealth v. Banks
green
2 sentences1973See Commonwealth v. Kenney, 449 Pa. 562 , 297 A. 2d 794 (1972); Commonwealth v. Banks, 447 Pa. 356 , 285 A. 2d 506 (1971); Commonwealth v. Matthews, 446 Pa. 65 , 285 A. 2d 510 (1971). 1973See Commonwealth v. Kenney, 449 Pa. 562 , 297 A. 2d 794 (1972); Commonwealth v. Banks, 447 Pa. 356 , 285 A. 2d 506 (1971); Commonwealth v. Matthews, 446 Pa. 65 , 285 A. 2d 510 (1971). | 1 | 1973–1973 |
Commonwealth v. Matthews
green
2 sentences1973See Commonwealth v. Kenney, 449 Pa. 562 , 297 A. 2d 794 (1972); Commonwealth v. Banks, 447 Pa. 356 , 285 A. 2d 506 (1971); Commonwealth v. Matthews, 446 Pa. 65 , 285 A. 2d 510 (1971). 1973See Commonwealth v. Kenney, 449 Pa. 562 , 297 A. 2d 794 (1972); Commonwealth v. Banks, 447 Pa. 356 , 285 A. 2d 506 (1971); Commonwealth v. Matthews, 446 Pa. 65 , 285 A. 2d 510 (1971). | 1 | 1973–1973 |
| State v. MacUk green | 1 | 1972–1972 |
| Caldwell v. Commonwealth green | 1 | 1972–1972 |
| Commonwealth v. Turner green | 1 | 1967–1967 |
| Felo v. Kroger Grocery & Baking Co. green | 1 | 1943–1943 |
| Schwartz v. Jaffe green | 1 | 1943–1943 |
| Trerotola v. Philadelphia green | 1 | 1943–1943 |
| Goldman v. Mitchell-Fletcher Co. green | 1 | 1943–1943 |
| Horbach's Administrators v. Elder green | 1 | 1928–1928 |
| McClain v. Commonwealth green | 1 | 1922–1922 |
| Commonwealth v. Heidler green | 1 | 1922–1922 |
| Commonwealth v. Fry green | 1 | 1922–1922 |
| Commonwealth v. Sushinskie green | 1 | 1922–1922 |
| Grieve's Estate neutral | 1 | 1904–1904 |
| Anna M. F. Spier's Appeal neutral | 1 | 1895–1895 |
| Miller v. Frazier neutral | 1 | 1875–1875 |
| Yohe v. Robertson green | 1 | 1875–1875 |
| Coventry v. Barton green | 1 | 1870–1870 |
| Reigart's Appeal neutral | 1 | 1849–1849 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.