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28 Pennsylvania opinions name it 4 courts 1827–2024 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 |
|---|---|---|
In Re DMgreen2 sentences2001In re D.M., 743 A.2d at 426 . 2001In re D.M., 743 A.2d at 426. | 1 | 2 |
Commonwealth v. Hardygreen1 sentence2024See Hardy, 918 A.2d at 771 (stating that this Court will not act as counsel and will not develop arguments on behalf of an appellant). | 1 | 1 |
Commonwealth v. Walkergreen1 sentence2024See Walker, 110 A.3d at 1003 . | 1 | 1 |
Commonwealth v. Kelleygreen1 sentence2021In the absence of any error on the part of counsel in assessing the double jeopardy implications of Appellant’s plea, Appellant’s claim that counsel’s ineffectiveness caused him to enter an involuntary plea - 10 - J-A25012-20 likewise fails.5 Cf. Commonwealth v. Kelley, 136 A.3d 1007, 1014 (Pa.Super. 2016) (“[P]lea counsel was ineffective for advising Appellant to accept a plea bargain that called for an illegal sentence.”). | 1 | 1 |
Commonwealth v. Martuscelligreen1 sentence2018It is well established that, “When presented with an Anders brief, this Court may not review the merits of the underlying issues without first passing on the request to withdraw.” Commonwealth v. Martuscelli, 54 A.3d 940, 947 (Pa.Super. 2012). | 1 | 1 |
Shamis v. James Moon C/O Geppert Brothers, Inc.green1 sentence2014Given this fact, and given the absence of any challenge to Plaintiff’s Exhibit 9, Appellant essentially concedes on appeal that the allegedly erroneous admission of Plaintiff’s Exhibits 7 and 11 did not affect the trial court’s verdict. - 12 - J-A19020-14 as the appellant did not object to similar testimony at another point during the trial; therefore, since the erroneously admitted evidence was cumulative to other, unchallenged evidence in the case, the evidentiary error was harmless); see also Shamis v. Moon, 81 A.3d 962, 970 (Pa. Super. 2013) (Superior Court may affirm a trial court’s decis | 1 | 1 |
Fellers v. United Statesgreen2 sentences2004The Court held that Fellers’ Sixth Amendment right to counsel was violated because the discussion at Fellers’ home “took place after [Fellers] had been indicted, outside the presence of counsel, and in the absence of any waiver of [Fellers’] Sixth Amendment rights.” Id. 8 In reversing the Court of Appeals’ decision, the Supreme Court stated: [T]here is no question that the officers in this case “deliberately elicited” information from [the defendant]. 2004Fellers , 540 U.S-. at-, 124 S.Ct. at 1023 (citations omitted, emphasis added). ¶ 25 Thus, when police deliberately elicit information from a defendant (following indictment under circumstances where counsel is absent and the right to counsel is not waived), the police are, in effect, interfering with the defendant’s Sixth Amendment right to counsel. | 1 | 1 |
Corley v. Commonwealth, Pennsylvania Board of Probation & Parolegreen2 sentences1991See, e.g., Corley v. Pennsylvania Board of Probation and Parole, 83 Pa. Commonwealth Ct. 529 , 478 A.2d 146 (1984) (rule of statutory construction regarding inclusion of language in one part of a statute and omission of corresponding language in another part of the statute). 1991See, e.g., Corley v. Pennsylvania Board of Probation and Parole, 83 Pa. Commonwealth Ct. 529 , 478 A.2d 146 (1984) (rule of statutory construction regarding inclusion of language in one part of a statute and omission of corresponding language in another part of the statute). | 1 | 1 |
McIntyre v. Stategreen2 sentences1988Cf. McIntyre v. State, 460 N.E.2d 162, 165-67 (Ind.App. 1984) (though the trial court properly held juvenile witness in contempt for refusing to testify despite the absence of any privilege, the trial court erred in *643 precluding cross-examination regarding the contempt sanction as the motivation to testify following the witness' decision to testify). 1988Cf. McIntyre v. State, 460 N.E.2d 162, 165-67 (Ind.App.1984) (though the trial court properly held juvenile witness in contempt for refusing to testify despite the absence of any privilege, the trial court erred in precluding cross-examination regarding the contempt sanction as the motivation to testify following the witness’ decision to testify). | 1 | 1 |
Incollingo v. Ewinggreen1 sentence1987“Section 402A of the Restatement (Second) of Torts imposes strict liability on the seller of any product ‘in a defective condition unreasonably dangerous to the user or consumer’____ Comment (h) to the section makes clear that a product, as to which adequate warning of danger involved in its use is required, sold without such warning is in a ‘defective condition’.” Incollingo v. Ewing, 444 Pa. 263, 287 , 282 A.2d 206, 219 (1971). | 1 | 1 |
Daniel J. Bowles v. United Statesgreen1 sentence1982Bowles, 439 F.2d at 541 (citation omitted). | 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 Ex Rel. Michael R. v. Robert R. R.
green
2 sentences1982Michael R. v. Robert R.R., 293 Pa.Super. 18 , 437 A.2d 969 (1981), where we noted, inter alia, the absence of any analysis of the effect of the mother's relationship with her new paramour on the children; Gunter v. Gunter, supra , where we remarked on the absence of testimony about the mother's relationship with her paramour. 1982Michael R. v. Robert R.R., 293 Pa.Super. 18 , 437 A.2d 969 (1981), where we noted, inter alia, the absence of any analysis of the effect of the mother's relationship with her new paramour on the children; Gunter v. Gunter, supra , where we remarked on the absence of testimony about the mother's relationship with her paramour. | 2 | 1982–1982 |
Ramins v. Chemical Decontamination Corp.
green
1 sentence2019This Court has concluded that “[i]n the absence of any claim by a judgment creditor that his effort to garnish funds in the possession of the state is authorized by some express statutory provision, the language of the [Act] as well as the language of the Rules of Civil Procedure relating to such garnishment compel the conclusion that the state is immune from the judgment creditor’s action.”12 Ramins, 560 A.2d at 842 . | 1 | 2019–2019 |
Com. v. Martin
green
1 sentence2018Id. at 386 n.8. | 1 | 2018–2018 |
Terminal Railroad v. Brotherhood of Railroad Trainmen
green
2 sentences2009The Court found, in analyzing the appellant Terminal Association’s claim of Congressional occupation of the field by the BIA, the SAA and the Interstate Commerce Act, that in the absence of any requirement or preclusion of cabooses by the Interstate Commerce Commission, “these Acts do not themselves preclude the state order.” Id. at 4 , 63 S.Ct. 420 . 2009The Court found, in analyzing the appellant Terminal Association’s claim of Congressional occupation of the field by the BIA, the SAA and the Interstate Commerce Act, that in the absence of any requirement or preclusion of cabooses by the Interstate Commerce Commission, “these Acts do not themselves preclude the state order.” Id. at 4 , 63 S.Ct. 420 . | 1 | 2009–2009 |
Estate of Pew
green
1 sentence2005Estate of Pew, 655 A.2d at 542 (quoting Estate of Knipp, 489 Pa. at 513-14 , 414 A.2d at 1009 ). | 1 | 2005–2005 |
Estate of Knipp
green
2 sentences2005Estate of Pew, 655 A.2d at 542 (quoting Estate of Knipp, 489 Pa. at 513-14 , 414 A.2d at 1009 ). 2005Estate of Pew, 655 A.2d at 542 (quoting Estate of Knipp, 489 Pa. at 513-14 , 414 A.2d at 1009 ). | 1 | 2005–2005 |
Makripodis v. Merrell-Dow Pharmaceuticals, Inc.
green
2 sentences1991In Makripodis , the plaintiffs had alleged that a pharmacy “was strictly liable in tort as the retailer of a product which was unreasonably dangerous due to the absence of any warnings as to the teratogenic properties of the drug.” 361 Pa.Super. at 591 , 523 A.2d at 377 . 1991In Makripodis , the plaintiffs had alleged that a pharmacy “was strictly liable in tort as the retailer of a product which was unreasonably dangerous due to the absence of any warnings as to the teratogenic properties of the drug.” 361 Pa.Super. at 591 , 523 A.2d at 377 . | 1 | 1991–1991 |
Incollingo v. EWING
green
1 sentence1987“Section 402A of the Restatement (Second) of Torts imposes strict liability on the seller of any product ‘in a defective condition unreasonably dangerous to the user or consumer’____ Comment (h) to the section makes clear that a product, as to which adequate warning of danger involved in its use is required, sold without such warning is in a ‘defective condition’.” Incollingo v. Ewing, 444 Pa. 263, 287 , 282 A.2d 206, 219 (1971). | 1 | 1987–1987 |
Jordan v. Sun Life Assurance Co. of Canada
green
2 sentences1954Russell & Co., Inc., 281 Pa. 320 , 126 A. 791 ; Speier v. Michelson, 303 Pa. 66 , 154 A. 127 ; Jordan v. Sun Life Assurance Company of Canada, 366 Pa. 495 , 77 A. 2d 631 ; Grubb v. Rockey, 366 Pa. 592 , 79 A. 2d 255 . 1954Russell & Co., Inc., 281 Pa. 320 , 126 A. 791 ; Speier v. Michelson, 303 Pa. 66 , 154 A. 127 ; Jordan v. Sun Life Assurance Company of Canada, 366 Pa. 495 , 77 A. 2d 631 ; Grubb v. Rockey, 366 Pa. 592 , 79 A. 2d 255 . | 1 | 1954–1954 |
Grubb v. Rockey
green
2 sentences1954Russell & Co., Inc., 281 Pa. 320 , 126 A. 791 ; Speier v. Michelson, 303 Pa. 66 , 154 A. 127 ; Jordan v. Sun Life Assurance Company of Canada, 366 Pa. 495 , 77 A. 2d 631 ; Grubb v. Rockey, 366 Pa. 592 , 79 A. 2d 255 . 1954Russell & Co., Inc., 281 Pa. 320 , 126 A. 791 ; Speier v. Michelson, 303 Pa. 66 , 154 A. 127 ; Jordan v. Sun Life Assurance Company of Canada, 366 Pa. 495 , 77 A. 2d 631 ; Grubb v. Rockey, 366 Pa. 592 , 79 A. 2d 255 . | 1 | 1954–1954 |
Gianni v. Russell Co., Inc.
green
2 sentences1954Russell & Co., Inc., 281 Pa. 320 , 126 A. 791 ; Speier v. Michelson, 303 Pa. 66 , 154 A. 127 ; Jordan v. Sun Life Assurance Company of Canada, 366 Pa. 495 , 77 A. 2d 631 ; Grubb v. Rockey, 366 Pa. 592 , 79 A. 2d 255 . 1954Russell & Co., Inc., 281 Pa. 320 , 126 A. 791 ; Speier v. Michelson, 303 Pa. 66 , 154 A. 127 ; Jordan v. Sun Life Assurance Company of Canada, 366 Pa. 495 , 77 A. 2d 631 ; Grubb v. Rockey, 366 Pa. 592 , 79 A. 2d 255 . | 1 | 1954–1954 |
Speier v. Michelson
green
2 sentences1954Russell & Co., Inc., 281 Pa. 320 , 126 A. 791 ; Speier v. Michelson, 303 Pa. 66 , 154 A. 127 ; Jordan v. Sun Life Assurance Company of Canada, 366 Pa. 495 , 77 A. 2d 631 ; Grubb v. Rockey, 366 Pa. 592 , 79 A. 2d 255 . 1954Russell & Co., Inc., 281 Pa. 320 , 126 A. 791 ; Speier v. Michelson, 303 Pa. 66 , 154 A. 127 ; Jordan v. Sun Life Assurance Company of Canada, 366 Pa. 495 , 77 A. 2d 631 ; Grubb v. Rockey, 366 Pa. 592 , 79 A. 2d 255 . | 1 | 1954–1954 |
Haddock v. Edgewater Steel Co.
green
2 sentences1948Cf. Haddock v. Edgewater Steel Co., 263 Pa. 120 , 106 A. 196 ; Keely v. Metro. 1948Cf. Haddock v. Edgewater Steel Co., 263 Pa. 120 , 106 A. 196 ; Keely v. Metro. | 1 | 1948–1948 |
Commonwealth v. Blose
green
2 sentences1948In Commonwealth v. Blose, 160 Pa. Superior Ct. 165 , 50 A. 2d 742 , during the cross-examination of the wife and daughter of the defendant, the Commonwealth laid the groundwork for contradicting them and upon rebuttal -called a police officer who testified that they had made statements inconsistent with their testimony in chief. 1948In Commonwealth v. Blose, 160 Pa. Superior Ct. 165 , 50 A. 2d 742 , during the cross-examination of the wife and daughter of the defendant, the Commonwealth laid the groundwork for contradicting them and upon rebuttal -called a police officer who testified that they had made statements inconsistent with their testimony in chief. | 1 | 1948–1948 |
Keating v. Patterson
green
1 sentence1947Keating v. Patterson, supra. Even the right of appeal to this court afforded by § 91c possesses no saving qualities because of the absence of any standard to guide the court in determining whether the officials acted reasonably or arbitrarily. | 1 | 1947–1947 |
Susser v. Wiley
green
2 sentences1947Susser v. Wiley, 350 Pa. 427 , 39 A. 2d 616 ; Medvidovich v. Schultz, 309 Pa. 450 , 164 A. 338 ; Saar v. Saar, 143 Pa. Superior Ct. 528 , 17 A. 2d 745 . 1947Susser v. Wiley, 350 Pa. 427 , 39 A. 2d 616 ; Medvidovich v. Schultz, 309 Pa. 450 , 164 A. 338 ; Saar v. Saar, 143 Pa. Superior Ct. 528 , 17 A. 2d 745 . | 1 | 1947–1947 |
Medvidovich v. Schultz
green
2 sentences1947Susser v. Wiley, 350 Pa. 427 , 39 A. 2d 616 ; Medvidovich v. Schultz, 309 Pa. 450 , 164 A. 338 ; Saar v. Saar, 143 Pa. Superior Ct. 528 , 17 A. 2d 745 . 1947Susser v. Wiley, 350 Pa. 427 , 39 A. 2d 616 ; Medvidovich v. Schultz, 309 Pa. 450 , 164 A. 338 ; Saar v. Saar, 143 Pa. Superior Ct. 528 , 17 A. 2d 745 . | 1 | 1947–1947 |
Saar v. Saar
neutral
2 sentences1947Susser v. Wiley, 350 Pa. 427 , 39 A. 2d 616 ; Medvidovich v. Schultz, 309 Pa. 450 , 164 A. 338 ; Saar v. Saar, 143 Pa. Superior Ct. 528 , 17 A. 2d 745 . 1947Susser v. Wiley, 350 Pa. 427 , 39 A. 2d 616 ; Medvidovich v. Schultz, 309 Pa. 450 , 164 A. 338 ; Saar v. Saar, 143 Pa. Superior Ct. 528 , 17 A. 2d 745 . | 1 | 1947–1947 |
Commonwealth v. Harman
green
1 sentence1943This is a fact of legal significance, for as Wigmore in his Evidence (2d ed.), Vol. 1, sec. 27, p. 372, says: “The conclusion and tests of every day experience must constantly control the standards of legal logic.” In Com. v. Harman, 4 Pa. 269, 273 , Avhere the question to be passed upon was the defendant’s guilt or innocence, of murder, Chief Justice Gibson said: “He who is to pass on this question is not at liberty to disbelieve as a juror while he believes as a man.” In the absence of any violation of the statutory requirements for the making of wills and of any controlling decision to the | 1 | 1943–1943 |
| Supreme Council of Royal Arcanum v. Behrend green | 1 | 1938–1938 |
| Brown v. Ancient Order of United Workmen green | 1 | 1938–1938 |
| Noble v. Police Beneficiary Ass'n neutral | 1 | 1938–1938 |
| Knoche, Admr. v. Mut. Life Ins. Co. of N.Y. green | 1 | 1938–1938 |
| Riley v. Wirth green | 1 | 1938–1938 |
| Fidelity Trust Co. v. Travelers Insurance neutral | 1 | 1938–1938 |
| Patterson v. Roberts neutral | 1 | 1908–1908 |
| Cincinnati Cooperage Co. v. Gaul green | 1 | 1897–1897 |
| Nash v. Gilkeson neutral | 1 | 1827–1827 |
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.