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31 Pennsylvania opinions name it 5 courts 1982–2025 10 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 |
|---|---|---|
Commonwealth v. Morgangreen2 sentences2023“The salient inquiry to be made by the trial court is the identification of the impetus behind the commission of the crime and the extent to which the offender is likely to reoffend.” Commonwealth v. Morgan, 16 A.3d 1165, 1169 (Pa.Super. 2011) (quoting Fuentes, 991 A.2d at 943 ) (emphasis omitted). 2021“The salient inquiry to be made by the trial court is the identification of the impetus behind the commission of the crime and the extent to which the offender is likely to reoffend.” Commonwealth v. Morgan, 16 A.3d 1165, 1169 (Pa. Super. 2011) (quoting Fuentes v. Commonwealth, 991 A.2d 935, 943 (Pa. Super. 2010) (emphasis omitted)). “[O]ne’s risk of re-offending is -3- but one factor to be considered when making an assessment; it is not an ‘independent element.’” Commonwealth v. Stephens, 74 A.3d 1034 , 1038– 39 (Pa. Super. 2013) (quoting Commonwealth v. Morgan, 16 A.3d 1165, 1170-72 (Pa. Sup | 4 | 4 |
Commonwealth v. Geitergreen2 sentences2024Commonwealth. v. Geiter, 929 A.2d 648, 651 (Pa. Super. 2007) (“The salient inquiry to be made by the trial court is the identification of the impetus behind the commission of the crime ….”). 2021Appellant insists “the salient inquiry to be made by the trial court is the identification of the impetus behind the commission of the crime and the extent to which the offender is likely to -6- reoffend.” Id. at 13, citing Commonwealth v. Geiter, 929 A.2d 648, 651 (Pa. Super. 2007). | 3 | 4 |
Commonwealth v. Pricegreen2 sentences2015See Commonwealth v. Price, 876 A.2d 988, 995 (Pa. Super. 2005). 2010Commonwealth v. Price, 876 A.2d 988, 995 (Pa.Super.2005), appeal denied, 587 Pa. 706 , 897 A.2d 1184 (2006), cert. denied, 549 U.S. 902 , 127 S.Ct. 224 , 166 L.Ed.2d 179 (2006). | 3 | 3 |
Commonwealth v. Fuentesgreen2 sentences2024Aumick, 297 A.3d at 778-79 (citations and quotation marks omitted). -5- “The salient inquiry to be made by the trial court is the identification of the impetus behind the commission of the crime and the extent to which the offender is likely to reoffend.” Commonwealth v. Fuentes, 991 A.2d 935, 943 (Pa. Super. 2010) (en banc) (citation and emphases omitted). 2023“The salient inquiry to be made by the trial court is the identification of the impetus behind the commission of the crime and the extent to which the offender is likely to reoffend.” Commonwealth v. Morgan, 16 A.3d 1165, 1169 (Pa.Super. 2011) (quoting Fuentes, 991 A.2d at 943 ) (emphasis omitted). | 2 | 5 |
Commonwealth v. Beygreen2 sentences2005Commonwealth v. Plucinski, 868 A.2d 20, 26 (Pa. Super. 2005); Commonwealth v. Bey, 841 A.2d 562, 566 (Pa. Super. 2004). 2005Id. at 26 (citing Commonwealth v. Bey, 841 A.2d 562, 566 (Pa.Super.2004)). ¶ 30 In the present case, the Commonwealth’s expert opined a contributing impetus behind Appellant’s crimes was his homosexual pedophilie interest in boys, and that “research suggests homosexual pedophiles are twice as likely to recidivate versus heterosexual pedophiles.” (N.T. | 2 | 2 |
Commonwealth v. Weissgreen2 sentences2025See Commonwealth v. Weiss, 986 A.2d 808, 816 (Pa. 2009). ____________________________________________ 11 Since the PCRA court did not divulge the parameters of its prejudice analysis until it entered the Rule 1925(a) opinion, we decline Brown-Camp’s invitation to find that the Commonwealth waived this issue by failing to preserve it in the PCRA court or in its Rule 1925(b) statement. 2013Id. (citing Kyles v. Whitley, 514 U.S. 419, 434 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995) (holding that in determining whether there is a reasonable probability of a different outcome resulting from the prosecution’s suppression of Brady material, “[t]he question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence.”)). | 1 | 2 |
Commonwealth v. Plucinskigreen2 sentences2005Commonwealth v. Plucinski, 868 A.2d 20, 26 (Pa. Super. 2005); Commonwealth v. Bey, 841 A.2d 562, 566 (Pa. Super. 2004). 2005Id. at 26 (citing Commonwealth v. Bey, 841 A.2d 562, 566 (Pa.Super.2004)). ¶ 30 In the present case, the Commonwealth’s expert opined a contributing impetus behind Appellant’s crimes was his homosexual pedophilie interest in boys, and that “research suggests homosexual pedophiles are twice as likely to recidivate versus heterosexual pedophiles.” (N.T. | 1 | 2 |
Com. v. Aumick, J.green1 sentence2024Aumick, 297 A.3d at 778-79 (citations and quotation marks omitted). -5- “The salient inquiry to be made by the trial court is the identification of the impetus behind the commission of the crime and the extent to which the offender is likely to reoffend.” Commonwealth v. Fuentes, 991 A.2d 935, 943 (Pa. Super. 2010) (en banc) (citation and emphases omitted). | 1 | 1 |
Com. v. Gindraw, S.green2 sentences2023Gindraw, 297 A.3d at 852 ; see also Commonwealth v. Vaughn, 2021 WL 3702577 , *5 (Pa. Super. 2021) (non- precedential decision) (“The crux of Appellant’s argument . . . that there were no objective facts indicating she was in need of assistance . . . goes to the weight of the evidence presented”). 2023Gindraw, 297 A.3d at 852; see also Commonwealth v. Vaughn, 2021 WL 3702577 , *5 (Pa. Super. 2021) (non- precedential decision) (“The crux of Appellant’s argument . . . that there were no objective facts indicating she was in need of assistance . . . goes to the weight of the evidence presented”). | 1 | 1 |
Commonwealth v. Feuchtgreen1 sentence2021“The salient inquiry to be made by the trial court is the identification of the impetus behind the commission of ____________________________________________ 6 See also Commonwealth v. Feucht, 955 A.2d 377, 382 (Pa.Super. 2008) (stating challenge to credibility or reliability of expert’s SVP determination goes to the weight of the evidence). -6- the crime and the extent to which the offender is likely to reoffend.” Commonwealth v. Morgan, 16 A.3d 1165, 1169 (Pa.Super. 2011) (quoting Fuentes, 991 A.2d at 943 ) (emphasis omitted). | 1 | 1 |
Commonwealth v. Duncangreen2 sentences2015We also note that, while this Court’s decisions in Mohn and Raffle were based, in part, on our Supreme Court's decision in the criminal case Commonwealth v. Duncan, 572 Pa. 438 , 817 A.2d 455, 459 (2003), the Supreme Court did not hold in Duncan that an individual would never have a constitutionally protected expectation of privacy in his or her home address. 2015We also note that, while this Court’s decisions in Mohn and Raffle were based, in part, on our Supreme Court's decision in the criminal case Commonwealth v. Duncan, 572 Pa. 438 , 817 A.2d 455, 459 (2003), the Supreme Court did not hold in Duncan that an individual would never have a constitutionally protected expectation of privacy in his or her home address. | 1 | 1 |
Commonwealth v. Mortongreen2 sentences2015Commonwealth v. Thomas, 376 Pa.Super. 455, 459-60 , 546 A.2d 116, 118 (1988) citing Commonwealth v. Morton, 355 Pa.Super. 183, 186 , 512 A.2d 1273, 1275 (1986). 2015Commonwealth v. Thomas, 376 Pa.Super. 455, 459-60 , 546 A.2d 116, 118 (1988) citing Commonwealth v. Morton, 355 Pa.Super. 183, 186 , 512 A.2d 1273, 1275 (1986). | 1 | 1 |
State v. Leuluaialiigreen1 sentence2015See Leuluaialii 77 P.3d at 1197 . | 1 | 1 |
Commonwealth v. Thomasgreen2 sentences2015Commonwealth v. Thomas, 376 Pa.Super. 455, 459-60 , 546 A.2d 116, 118 (1988) citing Commonwealth v. Morton, 355 Pa.Super. 183, 186 , 512 A.2d 1273, 1275 (1986). 2015Commonwealth v. Thomas, 376 Pa.Super. 455, 459-60 , 546 A.2d 116, 118 (1988) citing Commonwealth v. Morton, 355 Pa.Super. 183, 186 , 512 A.2d 1273, 1275 (1986). | 1 | 1 |
Commonwealth v. Lantzygreen2 sentences2011See, e.g., Lantzy II, 558 Pa. at 222-23 , 736 A.2d at 569 . 2011See, e.g., Lantzy II, 558 Pa. at 222-23 , 736 A.2d at 569 . | 1 | 1 |
Commonwealth v. Cartergreen2 sentences2010See generally Commonwealth v. Carter , 427 Pa. 53 , 63-64 , 233 A.2d 284 , 289 (1967) (rejecting the Commonwealth's policy argument in favor of the maximum restriction of the disclosure rule). 2010See generally Commonwealth v. Carter , 427 Pa. 53 , 63-64 , 233 A.2d 284 , 289 (1967) (rejecting the Commonwealth's policy argument in favor of the maximum restriction of the disclosure rule). | 1 | 1 |
Kenneth Eugene Bousley v. Joseph M. Brooks, Wardenred2 sentences2004See generally Bousley v. Brooks, 97 F.3d 284 , 287 n. 2 (8th Cir.1996) (noting the distinction between waiver and retroactivity in the context of collateral review), rev’d on other grounds, Bousley v. United States, 523 U.S. 614 , 118 S.Ct. 1604 , 140 L.Ed.2d 828 (1998). . 2004See generally Bousley v. Brooks, 97 F.3d 284 , 287 n. 2 (8th Cir.1996) (noting the distinction between waiver and retroactivity in the context of collateral review), rev'd on other grounds, Bousley v. United States, 523 U.S. 614 , 118 S.Ct. 1604 , 140 L.Ed.2d 828 (1998). [21] The PCRA court treated this issue as previously litigated, explaining that Appellant had argued on direct appeal that his taking of Thorazine and Elavil demonstrated his lack of competency. | 1 | 1 |
Bousley v. United Statesgreen2 sentences2004See generally Bousley v. Brooks, 97 F.3d 284 , 287 n. 2 (8th Cir.1996) (noting the distinction between waiver and retroactivity in the context of collateral review), rev’d on other grounds, Bousley v. United States, 523 U.S. 614 , 118 S.Ct. 1604 , 140 L.Ed.2d 828 (1998). . 2004See generally Bousley v. Brooks, 97 F.3d 284 , 287 n. 2 (8th Cir.1996) (noting the distinction between waiver and retroactivity in the context of collateral review), rev’d on other grounds, Bousley v. United States, 523 U.S. 614 , 118 S.Ct. 1604 , 140 L.Ed.2d 828 (1998). . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Com. v. Hunsberger
green
2 sentences2010Commonwealth v. Price, 876 A.2d 988, 995 (Pa.Super.2005), appeal denied, 587 Pa. 706 , 897 A.2d 1184 (2006), cert. denied, 549 U.S. 902 , 127 S.Ct. 224 , 166 L.Ed.2d 179 (2006). 2010Commonwealth v. Price, 876 A.2d 988, 995 (Pa.Super.2005), appeal denied, 587 Pa. 706 , 897 A.2d 1184 (2006), cert. denied, 549 U.S. 902 , 127 S.Ct. 224 , 166 L.Ed.2d 179 (2006). | 2 | 2007–2010 |
Commonwealth v. Montgomery
green
2 sentences1983We stated, 246 Pa.Super.Ct. at p. 377 , 371 A.2d 885 : The salient factors in our case are that the robbery, the informer’s tip, and the subsequent arrest of the Appellant all occurred within 15 minutes time and within a block of each other. 1983We stated, 246 Pa.Super.Ct. at p. 377 , 371 A.2d 885 : The salient factors in our case are that the robbery, the informer’s tip, and the subsequent arrest of the Appellant all occurred within 15 minutes time and within a block of each other. | 2 | 1982–1983 |
Commonwealth v. Stephens
green
1 sentence2021“The salient inquiry to be made by the trial court is the identification of the impetus behind the commission of the crime and the extent to which the offender is likely to reoffend.” Commonwealth v. Morgan, 16 A.3d 1165, 1169 (Pa. Super. 2011) (quoting Fuentes v. Commonwealth, 991 A.2d 935, 943 (Pa. Super. 2010) (emphasis omitted)). “[O]ne’s risk of re-offending is -3- but one factor to be considered when making an assessment; it is not an ‘independent element.’” Commonwealth v. Stephens, 74 A.3d 1034 , 1038– 39 (Pa. Super. 2013) (quoting Commonwealth v. Morgan, 16 A.3d 1165, 1170-72 (Pa. Sup | 1 | 2021–2021 |
Commonwealth v. Nieves
green
1 sentence2017For example, in Commonwealth v. Nieves, 582 A.2d 341 (Pa. Super. 1990), [t]he trial court found that [Nieves] was well aware of the evidence to be presented to rebut his alibi claim, and that the technical error of the Commonwealth in not submitting a list with the complainant’s name and the name of the police officer to whom prior inconsistent statements had been made by [Nieves] was harmless. [Nieves] was aware that the victim would contradict his alibi claim, and he was provided with copies of the police reports which recorded his prior inconsistent statements during informal discovery. […] | 1 | 2017–2017 |
Kyles v. Whitley
green
2 sentences2013Id. (citing Kyles v. Whitley, 514 U.S. 419, 434 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995) (holding that in determining whether there is a reasonable probability of a different outcome resulting from the prosecution’s suppression of Brady material, “[t]he question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence.”)). 2013Id. (citing Kyles v. Whitley, 514 U.S. 419, 434 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995) (holding that in determining whether there is a reasonable probability of a different outcome resulting from the prosecution’s suppression of Brady material, “[t]he question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence.”)). | 1 | 2013–2013 |
Lincoln v. United States
green
2 sentences2010Commonwealth v. Price, 876 A.2d 988, 995 (Pa.Super.2005), appeal denied, 587 Pa. 706 , 897 A.2d 1184 (2006), cert. denied, 549 U.S. 902 , 127 S.Ct. 224 , 166 L.Ed.2d 179 (2006). 2010Commonwealth v. Price, 876 A.2d 988, 995 (Pa.Super.2005), appeal denied, 587 Pa. 706 , 897 A.2d 1184 (2006), cert. denied, 549 U.S. 902 , 127 S.Ct. 224 , 166 L.Ed.2d 179 (2006). | 1 | 2010–2010 |
James J. Gory Mechanical Contracting, Inc. v. Philadelphia Housing Authority
green
2 sentences2009Id. 2009Id. | 1 | 2009–2009 |
Rita v. United States
green
2 sentences2008The Supreme Court’s “Sixth Amendment cases do not automatically forbid a sentencing court to take account of factual matters not determined by a jury and to increase the sentence in consequence.” Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2465-66 , 168 L.Ed.2d 203 (2007). ¶ 6 In the case sub judice, the salient inquiry is the characterization of the triggering facts which define the range of sentences within which the judge could legitimately impose a life sentence. 2008The Supreme Court’s “Sixth Amendment cases do not automatically forbid a sentencing court to take account of factual matters not determined by a jury and to increase the sentence in consequence.” Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2465-66 , 168 L.Ed.2d 203 (2007). ¶ 6 In the case sub judice, the salient inquiry is the characterization of the triggering facts which define the range of sentences within which the judge could legitimately impose a life sentence. | 1 | 2008–2008 |
Hardisty v. Hardisty
green
2 sentences1990"In essence, by carefully evaluating the most salient factors comprising the family’s total circumstances, the court [Hardisty v. Hardisty, 183 Conn. 253 , 439 A.2d 307 (1981) ] attempted to identify the approach which the parties themselves would have taken to educate their child had their marriage not been terminated.” Note, Support Obligations of the Non-Custodial Parent for Private Secondary and College Education: Toward a Uniform and Equitable Resolution, 16 Suffolk U.L. 1990"In essence, by carefully evaluating the most salient factors comprising the family’s total circumstances, the court [Hardisty v. Hardisty, 183 Conn. 253 , 439 A.2d 307 (1981) ] attempted to identify the approach which the parties themselves would have taken to educate their child had their marriage not been terminated.” Note, Support Obligations of the Non-Custodial Parent for Private Secondary and College Education: Toward a Uniform and Equitable Resolution, 16 Suffolk U.L. | 1 | 1990–1990 |
Ralph D. Smith and Thelma Smith v. Arbaugh's Restaurant, Inc., a Body Corporate
green
1 sentence1983In recent years, many jurisdictions have followed California’s example, among them: New York, Scurti v. City of New York, 40 N.Y.2d 433 , 387 N.Y.S.2d 55 , 354 N.E.2d 794 (1976); Rhode Island, Mariorenzi v. DiPonte, 114 R.I. 294 , 333 A.2d 127 (1975); the District of Columbia, Smith v. Arbaugh’s Restaurant, Inc., 152 U.S.App.D.C. 86 , 469 F.2d 97 (1972); Colorado, Mile High Fence Co. v. Radovich, 175 Colo. 537 , 489 P.2d 308 (1971); and Hawaii, Pickard v. City and County of Honolulu, 51 Hawaii 134 , 452 P.2d 445 (1969). 3 Under such a test as that which was adopted in Rowland , foreseeability | 1 | 1983–1983 |
| Scurti v. City of New York green | 1 | 1983–1983 |
| Pickard v. City and County of Honolulu green | 1 | 1983–1983 |
Mariorenzi v. Joseph DiPonte, Inc.
green
2 sentences1983In recent years, many jurisdictions have followed California’s example, among them: New York, Scurti v. City of New York, 40 N.Y.2d 433 , 387 N.Y.S.2d 55 , 354 N.E.2d 794 (1976); Rhode Island, Mariorenzi v. DiPonte, 114 R.I. 294 , 333 A.2d 127 (1975); the District of Columbia, Smith v. Arbaugh’s Restaurant, Inc., 152 U.S.App.D.C. 86 , 469 F.2d 97 (1972); Colorado, Mile High Fence Co. v. Radovich, 175 Colo. 537 , 489 P.2d 308 (1971); and Hawaii, Pickard v. City and County of Honolulu, 51 Hawaii 134 , 452 P.2d 445 (1969). 3 Under such a test as that which was adopted in Rowland , foreseeability 1983In recent years, many jurisdictions have followed California’s example, among them: New York, Scurti v. City of New York, 40 N.Y.2d 433 , 387 N.Y.S.2d 55 , 354 N.E.2d 794 (1976); Rhode Island, Mariorenzi v. DiPonte, 114 R.I. 294 , 333 A.2d 127 (1975); the District of Columbia, Smith v. Arbaugh’s Restaurant, Inc., 152 U.S.App.D.C. 86 , 469 F.2d 97 (1972); Colorado, Mile High Fence Co. v. Radovich, 175 Colo. 537 , 489 P.2d 308 (1971); and Hawaii, Pickard v. City and County of Honolulu, 51 Hawaii 134 , 452 P.2d 445 (1969). 3 Under such a test as that which was adopted in Rowland , foreseeability | 1 | 1983–1983 |
Mile High Fence Co. v. Radovich
red
2 sentences1983In recent years, many jurisdictions have followed California’s example, among them: New York, Scurti v. City of New York, 40 N.Y.2d 433 , 387 N.Y.S.2d 55 , 354 N.E.2d 794 (1976); Rhode Island, Mariorenzi v. DiPonte, 114 R.I. 294 , 333 A.2d 127 (1975); the District of Columbia, Smith v. Arbaugh’s Restaurant, Inc., 152 U.S.App.D.C. 86 , 469 F.2d 97 (1972); Colorado, Mile High Fence Co. v. Radovich, 175 Colo. 537 , 489 P.2d 308 (1971); and Hawaii, Pickard v. City and County of Honolulu, 51 Hawaii 134 , 452 P.2d 445 (1969). 3 Under such a test as that which was adopted in Rowland , foreseeability 1983In recent years, many jurisdictions have followed California’s example, among them: New York, Scurti v. City of New York, 40 N.Y.2d 433 , 387 N.Y.S.2d 55 , 354 N.E.2d 794 (1976); Rhode Island, Mariorenzi v. DiPonte, 114 R.I. 294 , 333 A.2d 127 (1975); the District of Columbia, Smith v. Arbaugh’s Restaurant, Inc., 152 U.S.App.D.C. 86 , 469 F.2d 97 (1972); Colorado, Mile High Fence Co. v. Radovich, 175 Colo. 537 , 489 P.2d 308 (1971); and Hawaii, Pickard v. City and County of Honolulu, 51 Hawaii 134 , 452 P.2d 445 (1969). 3 Under such a test as that which was adopted in Rowland , foreseeability | 1 | 1983–1983 |
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.