31 Pennsylvania opinions name it 9 courts 1938–2025 4 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. Longgreen2 sentences2023Thus, this Court found that “there is no right to counsel where the only sentence provided for in a summary violation is a fine and costs.” Long, 688 A.2d at 201 . -2- J-S33043-23 Appellant raises the following issues for review on appeal: 1. 2018Although Appellant was granted permission to proceed in forma pauperis, she was not entitled to counsel on appeal. “[T]here is no right to counsel where the only sentence provided for in a summary violation is a fine and costs.” Commonwealth v. Smith, 868 A.2d 1253, 1256 (Pa. Super. 2005) (quoting Commonwealth v. Long, 688 A.2d 198, 201 (Pa. Super. 1996)). -2- J-A27030-17 Our rules of appellate procedure provide that where the defects in a brief are so substantial as to preclude meaningful judicial review, the appeal may be quashed or dismissed. | 2 | 4 |
Commonwealth v. Lockridgegreen2 sentences2019“A law enforcement officer may issue a citation based upon information that the defendant has committed a summary violation, which information may be received from . . . a witness . . . .” Pa.R.Crim.P. 405 cmt.; see also Lockridge, 810 A.2d at 1196 (holding that a deputy sheriff had the authority to issue a citation to the defendant for driving with a suspended license even though the sheriff did not personally observe the defendant; rather, the sheriff issued the citation based on information he received from a witness). 2018Pa.R.Crim.P. 405 cmt. (emphasis added); see also Commonwealth v. Lockridge, 810 A.2d 1191, 1196 (Pa. 2002). ____________________________________________ 31 Pa.R.Crim.P. 403 requires, in relevant part, that a citation contain: (1) the name and address of the organization, and badge number, if any, of the law enforcement officer; (2) the name and address of the defendant; (3) a notation if the defendant is under 18 years of age and whether the parents or guardians have been notified of the charge(s); (4) the date and time when the offense is alleged to have been committed, provided however, if t | 2 | 2 |
Commonwealth v. Smithgreen2 sentences2018Although Appellant was granted permission to proceed in forma pauperis, she was not entitled to counsel on appeal. “[T]here is no right to counsel where the only sentence provided for in a summary violation is a fine and costs.” Commonwealth v. Smith, 868 A.2d 1253, 1256 (Pa. Super. 2005) (quoting Commonwealth v. Long, 688 A.2d 198, 201 (Pa. Super. 1996)). -2- J-A27030-17 Our rules of appellate procedure provide that where the defects in a brief are so substantial as to preclude meaningful judicial review, the appeal may be quashed or dismissed. 2015Therefore, “[t]here is no right to counsel where the only sentence provided for in a summary violation is a fine and costs.” Commonwealth v. Smith, 868 A.2d 1253, 1256 (Pa. Super. 2005) (citing Commonwealth v. Long, 688 A.2d 198, 201 (Pa. Super. 1996)). | 2 | 2 |
David Aaron, Ltd. v. Borough of Jenkintowngreen2 sentences2002See David Aaron, Ltd. v. Borough of Jenkintown, 63 Pa.Cmwlth. 577 , 439 A.2d 1322, 1324 (1982). . 2002See David Aaron, Ltd. v. Borough of Jenkintown, 63 Pa.Cmwlth. 577 , 439 A.2d 1322, 1324 (1982). . | 2 | 2 |
Wilhelm v. Wilhelmgreen1 sentence2025See, e.g., Wilhelm v. Wilhelm, 657 A.2d 34, 39 (Pa. Super. 1995); Commonwealth, Dep’t of Public Welfare v. Bean, 558 A.2d 170 (Pa. Cmwlth. 1989); Cruver v. Mitchell, 656 S.E.2d 269 (Ga. Ct. App. 2008); Matter of Waldron, 910 S.W.2d 837 (Mo. Ct. App. 1995). | 1 | 1 |
Commonwealth v. Simionegreen2 sentences2023Commonwealth v. Simione, 291 A.2d 764 , 766 (Pa. 1972). 2023Commonwealth v. Simione, 291 A.2d 764, 766 (Pa. 1972). | 1 | 1 |
Commonwealth v. Rogersgreen1 sentence2017See Com. v. Rogers, 849 A.2d 1185 (Pa. 2004). [Appellant] was coming from Farrell, Pennsylvania, an area identified as a source city for drug distribution. | 1 | 1 |
Commonwealth v. Clarkgreen2 sentences2004I am aware that, in Commonwealth v. Clark, 533 Pa. 579 , 626 A.2d 154 (1993)a case involving a claim of ineffective assistance of counsel in failing to object to a classic Doyle violation involving impeachment of the accused with his post-arrest silencethis Court's summary analysis of the question of prejudice failed to perceive a distinction between the direct appeal harmless error standard and the prejudice required to prove ineffective assistance of counsel. 2004I am aware that, in Commonwealth v. Clark, 533 Pa. 579 , 626 A.2d 154 (1993)a case involving a claim of ineffective assistance of counsel in failing to object to a classic Doyle violation involving impeachment of the accused with his post-arrest silencethis Court's summary analysis of the question of prejudice failed to perceive a distinction between the direct appeal harmless error standard and the prejudice required to prove ineffective assistance of counsel. | 1 | 1 |
Boyer v. Commonwealthgreen2 sentences1998Id.; see also, Boyer v. Commonwealth, 58 Pa. Commw. 34 , 426 A.2d 1302 ; Peeples v. Commonwealth, 101 Pa. Commw. 23 , 515 A.2d 625 ; Commonwealth v. Case, 8 D.&C.3d 611. 1998Id.; see also, Boyer v. Commonwealth, 58 Pa. Commw. 34 , 426 A.2d 1302 ; Peeples v. Commonwealth, 101 Pa. Commw. 23 , 515 A.2d 625 ; Commonwealth v. Case, 8 D.&C.3d 611. | 1 | 1 |
Bacik v. Commonwealthgreen2 sentences1996See Bacik v. Commonwealth, 61 Pa.Cmwlth. 552, 556 , 434 A.2d 860, 862 (1981). 1996See Bacik v. Commonwealth, 61 Pa.Cmwlth. 552, 556 , 434 A.2d 860, 862 (1981). | 1 | 1 |
Commonwealth v. Beattygreen2 sentences1992Commonwealth v. Beatty, 500 Pa. 284, 290 , 455 A.2d 1194, 1198 (1983); Commonwealth v. Taylor, 513 Pa. 547, 553 , 522 A.2d 37, 39 (1987); Commonwealth v. Bellezza, 412 Pa. Super. 469 , 603 A.2d 1031, 1034-35 (1992). 1992Commonwealth v. Beatty, 500 Pa. 284, 290 , 455 A.2d 1194, 1198 (1983); Commonwealth v. Taylor, 513 Pa. 547, 553 , 522 A.2d 37, 39 (1987); Commonwealth v. Bellezza, 412 Pa. Super. 469 , 603 A.2d 1031, 1034-35 (1992). | 1 | 1 |
Commonwealth v. Taylorgreen2 sentences1992Commonwealth v. Beatty, 500 Pa. 284, 290 , 455 A.2d 1194, 1198 (1983); Commonwealth v. Taylor, 513 Pa. 547, 553 , 522 A.2d 37, 39 (1987); Commonwealth v. Bellezza, 412 Pa. Super. 469 , 603 A.2d 1031, 1034-35 (1992). 1992Commonwealth v. Beatty, 500 Pa. 284, 290 , 455 A.2d 1194, 1198 (1983); Commonwealth v. Taylor, 513 Pa. 547, 553 , 522 A.2d 37, 39 (1987); Commonwealth v. Bellezza, 412 Pa. Super. 469 , 603 A.2d 1031, 1034-35 (1992). | 1 | 1 |
Commonwealth v. Bellezzagreen2 sentences1992Commonwealth v. Beatty, 500 Pa. 284, 290 , 455 A.2d 1194, 1198 (1983); Commonwealth v. Taylor, 513 Pa. 547, 553 , 522 A.2d 37, 39 (1987); Commonwealth v. Bellezza, 412 Pa. Super. 469 , 603 A.2d 1031, 1034-35 (1992). 1992Commonwealth v. Beatty, 500 Pa. 284, 290 , 455 A.2d 1194, 1198 (1983); Commonwealth v. Taylor, 513 Pa. 547, 553 , 522 A.2d 37, 39 (1987); Commonwealth v. Bellezza, 412 Pa. Super. 469 , 603 A.2d 1031, 1034-35 (1992). | 1 | 1 |
Commonwealth v. Englertgreen1 sentence1990We point out in that case that the defendant “did not allege that his failure to file a timely appeal had been caused by ‘fraud or its equivalent’ ” and that, “thus, there is no legal or equitable reason for allowing an untimely appeal.” Englert , 311 Pa.Superior Ct. at 83, 457 A.2d at 123, 124 . | 1 | 1 |
Commonwealth v. Gousegreen2 sentences1988See Commonwealth v. Gouse, 287 Pa. Super. 120 , 429 A.2d 1129 (1981). 1988See Commonwealth v. Gouse, 287 Pa. Super. 120 , 429 A.2d 1129 (1981). | 1 | 1 |
Commonwealth v. Thomasgreen2 sentences1982We disapprove, and decline to follow, the dictum in footnote 13 in Commonwealth v. Thomas, 284 Pa.Super. 375, 385 , 425 A.2d 1151, 1156 (1981). 7 . 1982We disapprove, and decline to follow, the dictum in footnote 13 in Commonwealth v. Thomas, 284 Pa.Super. 375, 385 , 425 A.2d 1151, 1156 (1981). 7 . | 1 | 1 |
| Commonwealth v. Collinigreen | 1 | 1 |
Commonwealth v. Bertolettegreen1 sentence1979Judgment was entered accordingly, and the Commonwealth appeals. “[A]n entry of judgment of not guilty by the court of [common pleas] on an appeal from a summary conviction by a justice is an end of the case and ... no appeal lies.” Commonwealth v. Bertolette, 101 Pa.Super. 334, 335-36 (1931). | 1 | 1 |
| City of McKeesport v. Dunngreen | 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. Leet
green
2 sentences2002We granted review to consider Appellant’s *512 contention that pursuant to our decision in Commonwealth v. Leet, 537 Pa. 89 , 641 A.2d 299 (1994), the charge should have been dismissed because the deputy sheriff did not observe the violation and the violation did not amount to a breach of the peace. 2001“A law enforcement officer may issue a citation based upon information that the defendant has committed a summary violation, which information may be received from a personal observation of the commission of the offense; a witness; another police officer; investigation; or speed-timing equipment, including radar.” Id. | 2 | 2001–2002 |
Commonwealth v. Swanger
green
2 sentences1993In Commonwealth v. Whitmyer, 415 Pa. Super. 393 , 609 A.2d 809 (1992), the Superior Court stated: “In order to legally stop a single vehicle for a summary violation of the Vehicle Code a police officer ‘must have probable cause based on specific facts which indicate to him ... [that the] vehicle or the driver is in violation of the code.’ ” Commonwealth v. Swanger, 453 Pa. 107 , 307 A.2d 875 (1973). 1993In Commonwealth v. Whitmyer, 415 Pa. Super. 393 , 609 A.2d 809 (1992), the Superior Court stated: “In order to legally stop a single vehicle for a summary violation of the Vehicle Code a police officer ‘must have probable cause based on specific facts which indicate to him ... [that the] vehicle or the driver is in violation of the code.’ ” Commonwealth v. Swanger, 453 Pa. 107 , 307 A.2d 875 (1973). | 2 | 1992–1993 |
Commonwealth v. Bean
green
1 sentence2025See, e.g., Wilhelm v. Wilhelm, 657 A.2d 34, 39 (Pa. Super. 1995); Commonwealth, Dep’t of Public Welfare v. Bean, 558 A.2d 170 (Pa. Cmwlth. 1989); Cruver v. Mitchell, 656 S.E.2d 269 (Ga. Ct. App. 2008); Matter of Waldron, 910 S.W.2d 837 (Mo. Ct. App. 1995). | 1 | 2025–2025 |
Davis v. State
green
1 sentence2025See, e.g., Wilhelm v. Wilhelm, 657 A.2d 34, 39 (Pa. Super. 1995); Commonwealth, Dep’t of Public Welfare v. Bean, 558 A.2d 170 (Pa. Cmwlth. 1989); Cruver v. Mitchell, 656 S.E.2d 269 (Ga. Ct. App. 2008); Matter of Waldron, 910 S.W.2d 837 (Mo. Ct. App. 1995). | 1 | 2025–2025 |
Cruver v. Mitchell
green
1 sentence2025See, e.g., Wilhelm v. Wilhelm, 657 A.2d 34, 39 (Pa. Super. 1995); Commonwealth, Dep’t of Public Welfare v. Bean, 558 A.2d 170 (Pa. Cmwlth. 1989); Cruver v. Mitchell, 656 S.E.2d 269 (Ga. Ct. App. 2008); Matter of Waldron, 910 S.W.2d 837 (Mo. Ct. App. 1995). | 1 | 2025–2025 |
Com. v. Atkinson, D.
green
1 sentence2021In Atkinson, Daiychelle Atkinson was arrested and charged on January 8, 2013 with a misdemeanor DUI offense and a summary violation of the Vehicle Code. 2021 PA Super 16 at *2 . | 1 | 2021–2021 |
Commonwealth v. Ebaugh
green
1 sentence2001See David Aaron, Ltd. v. Borough of Jenkintown, 63 Pa.Cmwlth. 577 , 439 A.2d 1322, 1324 (1982); Commonwealth v. Ebaugh, 783 A.2d 846 (Pa.Cmwlth.2001). . | 1 | 2001–2001 |
Peeples v. Commonwealth
neutral
2 sentences1998Id.; see also, Boyer v. Commonwealth, 58 Pa. Commw. 34 , 426 A.2d 1302 ; Peeples v. Commonwealth, 101 Pa. Commw. 23 , 515 A.2d 625 ; Commonwealth v. Case, 8 D.&C.3d 611. 1998Id.; see also, Boyer v. Commonwealth, 58 Pa. Commw. 34 , 426 A.2d 1302 ; Peeples v. Commonwealth, 101 Pa. Commw. 23 , 515 A.2d 625 ; Commonwealth v. Case, 8 D.&C.3d 611. | 1 | 1998–1998 |
Miller v. Hickey
green
2 sentences1996This court therein first sets out a summary of the doctrine of exclusive control: “When the thing which causes the injury is shown to be under the management of the defendants and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants that the accident arose from a want of care.” Id. at 331 , 81 A.2d at 917 . (citations omitted) However, the court then goes on to greatly limit the application of this doctrine, as follows: “Great care must be exerci 1996This court therein first sets out a summary of the doctrine of exclusive control: “When the thing which causes the injury is shown to be under the management of the defendants and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants that the accident arose from a want of care.” Id. at 331 , 81 A.2d at 917 . (citations omitted) However, the court then goes on to greatly limit the application of this doctrine, as follows: “Great care must be exerci | 1 | 1996–1996 |
Commonwealth v. Hatfield
green
2 sentences1996Contrast Commonwealth v. Hatfield, 307 Pa.Super. 454 , 453 A.2d 671 (1982), decided before *255 the adoption of previous Rule 70 (Defects in Form, Content, or Procedure — Summary Cases) and the 1983 revision of the previous Comment. 1996Contrast Commonwealth v. Hatfield, 307 Pa.Super. 454 , 453 A.2d 671 (1982), decided before *255 the adoption of previous Rule 70 (Defects in Form, Content, or Procedure — Summary Cases) and the 1983 revision of the previous Comment. | 1 | 1996–1996 |
Commonwealth v. Whitmyer
green
2 sentences1993In Commonwealth v. Whitmyer, 415 Pa. Super. 393 , 609 A.2d 809 (1992), the Superior Court stated: “In order to legally stop a single vehicle for a summary violation of the Vehicle Code a police officer ‘must have probable cause based on specific facts which indicate to him ... [that the] vehicle or the driver is in violation of the code.’ ” Commonwealth v. Swanger, 453 Pa. 107 , 307 A.2d 875 (1973). 1993In Commonwealth v. Whitmyer, 415 Pa. Super. 393 , 609 A.2d 809 (1992), the Superior Court stated: “In order to legally stop a single vehicle for a summary violation of the Vehicle Code a police officer ‘must have probable cause based on specific facts which indicate to him ... [that the] vehicle or the driver is in violation of the code.’ ” Commonwealth v. Swanger, 453 Pa. 107 , 307 A.2d 875 (1973). | 1 | 1993–1993 |
Delaware v. Prouse
green
2 sentences1980We also note that the comment to Pa.R.Crim.P. 51(b) which controls the issuance of citations, the rule having been adopted January 23, 1975, effective September 1, 1975, provides in part as follows: “Evidence upon which a police officer may issue a citation may be received by him in any of the following ways ... or his determination based upon his investigation at the scene that he has probable cause to believe the defendant has committed a summary violation.” The Supreme Court of the United States in Delaware v. Prouse, 440 U.S. 648 , 99 S.Ct. 1391 , 59 L.Ed. 2d 660 (1979), has held as violat 1980We also note that the comment to Pa.R.Crim.P. 51(b) which controls the issuance of citations, the rule having been adopted January 23, 1975, effective September 1, 1975, provides in part as follows: “Evidence upon which a police officer may issue a citation may be received by him in any of the following ways ... or his determination based upon his investigation at the scene that he has probable cause to believe the defendant has committed a summary violation.” The Supreme Court of the United States in Delaware v. Prouse, 440 U.S. 648 , 99 S.Ct. 1391 , 59 L.Ed. 2d 660 (1979), has held as violat | 1 | 1980–1980 |
Terry v. Ohio
green
2 sentences1979We next consider whether there were within the perception of the officer at the time of the stop circumstances such as would justify a search limited to a “pat-down” or “frisk” of the kind upheld by the United States Supreme Court in Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). 1979We next consider whether there were within the perception of the officer at the time of the stop circumstances such as would justify a search limited to a “pat-down” or “frisk” of the kind upheld by the United States Supreme Court in Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). | 1 | 1979–1979 |
| Commonwealth v. Yerkes neutral | 1 | 1938–1938 |
| Commonwealth v. Yerkes neutral | 1 | 1938–1938 |
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.