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28 Pennsylvania opinions name it 5 courts 1910–2025 3 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 |
|---|---|---|
United States v. Tsarnaevgreen2 sentences2025In contrast, the Commonwealth emphasizes that the scope of voir dire rests within the discretion of the trial court and “refusal to permit certain questions … will not be disturbed absent a palpable error.” Commonwealth’s Brief at 10 (citing Holt, 273 A.3d at 547); see also id. at 11 (citing United States v. Tsarnaev, 595 U.S. 302, 314 (2022) (reversing intermediate appellate court’s decision to mandate specific questions on voir dire)). 2025In contrast, the Commonwealth emphasizes that the scope of voir dire rests within the discretion of the trial court and “refusal to permit certain questions … will not be disturbed absent a palpable error.” Commonwealth’s Brief at 10 (citing Holt, 273 A.3d at 547); see also id. at 11 (citing United States v. Tsarnaev, 595 U.S. 302, 314 (2022) (reversing intermediate appellate court’s decision to mandate specific questions on voir dire)). | 2 | 2 |
Commonwealth v. Johnsongreen2 sentences2025Throughout, it highlights cases where this Court has “rejected efforts to strip the trial court of discretion to determine the propriety of proposed juror questions.” Id. at 12 (citing inter alia Commonwealth v. Johnson, 305 A.2d 5, 8 (Pa. 1973) (affirming trial court’s exercise of discretion in declining to question jurors regarding whether they were inclined to believe psychologists)). 2025Throughout, it highlights cases where this Court has “rejected efforts to strip the trial court of discretion to determine the propriety of proposed juror questions.” Id. at 12 (citing inter alia Commonwealth v. Johnson, 305 A.2d 5, 8 (Pa. 1973) (affirming trial court’s exercise of discretion in declining to question jurors regarding whether they were inclined to believe psychologists)). | 2 | 2 |
Commonwealth v. O'Briengreen2 sentences1974Citing Commonwealth v. O’Brien, 312 Pa. 543, 546 , 168 A. 244, 245 (1933), the court found such a basic and fundamental error, noting that “[a] man is not to be deprived of his liberty and reputation because of the inadvertence of a trial judge or the carelessness of his counsel in failing to call the attention of the trial court to palpable error which offends against the fundamentals of a fair and impartial trial.” 216 Pa. Superior Ct. at 160 n. 1, 264 A. 2d at 181 n. 1. 1974Citing Commonwealth v. O’Brien, 312 Pa. 543, 546 , 168 A. 244, 245 (1933), the court found such a basic and fundamental error, noting that “[a] man is not to be deprived of his liberty and reputation because of the inadvertence of a trial judge or the carelessness of his counsel in failing to call the attention of the trial court to palpable error which offends against the fundamentals of a fair and impartial trial.” 216 Pa. Superior Ct. at 160 n. 1, 264 A. 2d at 181 n. 1. | 1 | 10 |
COM., DEPT. OF TRANSP. v. Emerygreen1 sentence2022(Respondent’s Application for Relief ¶ 8.) A single judge of this Court accepted Respondent’s explanation as sufficient, and, as a breakdown in a court’s operation may be a basis for granting nunc pro tunc relief, Department of Transportation, Bureau of Driver Licensing v. Emery, 580 A.2d 909, 912 (Pa. Cmwlth. 1990), we will not say this was palpable error. | 1 | 1 |
Commonwealth v. Rovinskigreen1 sentence2015Commonwealth v. Rovinski, 704 A.2d 1068, 1073 (Pa. Super. 1997), appeal denied, 723 A.2d 1024 (Pa. 1998) (citations and quotation marks omitted). | 1 | 1 |
Commonwealth v. Canalesgreen2 sentences2014“The reason for the prohibition is that the presence in the jury room of the physical embodiment of a portion of the trial testimony in written form may have the effect of increasing the probability that the jury will accept the testimony as credible.” Commonwealth v. Canales, 454 Pa. 422 , 311 A.2d 572, 575 (1973). 2014“The reason for the prohibition is that the presence in the jury room of the physical embodiment of a portion of the trial testimony in written form may have the effect of increasing the probability that the jury will accept the testimony as credible.” Commonwealth v. Canales, 454 Pa. 422 , 311 A.2d 572, 575 (1973). | 1 | 1 |
Commonwealth v. Waregreen2 sentences2014See Commonwealth v. Ware, 137 Pa. 465 , 20 A. 806, 808 (1890) (“The sending out of a part of the testimo ny to the jury room ... would have been a palpable error.”); Pa.R.Crim.P. 646(C)(1). 2014See Commonwealth v. Ware, 137 Pa. 465 , 20 A. 806, 808 (1890) (“The sending out of a part of the testimo ny to the jury room ... would have been a palpable error.”); Pa.R.Crim.P. 646(C)(1). | 1 | 1 |
Zane v. Friends Hospitalgreen2 sentences2005This holding has itself been overruled when the prior judge makes a palpable error of law in Zane v. Friends Hospital, 575 Pa. 236, 244, 836 A.2d 25, 30 (2003). . 2005This holding has itself been overruled when the prior judge makes a palpable error of law in Zane v. Friends Hospital, 575 Pa. 236, 244, 836 A.2d 25, 30 (2003). . | 1 | 1 |
Commonwealth v. Boringgreen2 sentences1997Id, at 137, 501 A.2d at 236 ; see also Commonwealth v. Boring, 453 Pa.Super. 600, 611-12 , 684 A.2d 561, 566 (1996). 1997Id, at 137, 501 A.2d at 236 ; see also Commonwealth v. Boring, 453 Pa.Super. 600, 611-12 , 684 A.2d 561, 566 (1996). | 1 | 1 |
Commonwealth v. Proctorgreen2 sentences1996Commonwealth v. Proctor, 526 Pa. 246, 257-59 , 585 A.2d 454, 460 (1991). 1996Commonwealth v. Proctor, 526 Pa. 246, 257-59 , 585 A.2d 454, 460 (1991). | 1 | 1 |
Commonwealth v. Lanegreen2 sentences1992Commonwealth v. Lane, 521 Pa. 390 , 555 A.2d 1246, 1249-50 (1989) (decisions regarding the striking of venire persons rests in the sound discretion of trial judge and will not be overturned absent a palpable error). 1992Commonwealth v. Lane, 521 Pa. 390 , 555 A.2d 1246, 1249-50 (1989) (decisions regarding the striking of venire persons rests in the sound discretion of trial judge and will not be overturned absent a palpable error). | 1 | 1 |
Commonwealth v. Smithgreen2 sentences1974See also Commonwealth v. Smith, 217 Pa. Superior Ct. 148 , 269 A. 2d 138 (1970). 1974See also Commonwealth v. Smith, 217 Pa. Superior Ct. 148 , 269 A. 2d 138 (1970). | 1 | 1 |
| Commonwealth v. Birdgreen | 1 | 1 |
| Commonwealth v. Jodlowskygreen | 1 | 1 |
| Commonwealth v. Wiandgreen | 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. Merrick
green
2 sentences2018Commonwealth v. Merrick , 338 Pa.Super. 495 , 488 A.2d 1 , 3 (1985) (citations omitted). 2018Commonwealth v. Merrick , 338 Pa.Super. 495 , 488 A.2d 1 , 3 (1985) (citations omitted). | 1 | 2018–2018 |
Commonwealth v. Berrigan
green
1 sentence1997Id, at 137, 501 A.2d at 236 ; see also Commonwealth v. Boring, 453 Pa.Super. 600, 611-12 , 684 A.2d 561, 566 (1996). | 1 | 1997–1997 |
Boykins v. City of Reading
green
2 sentences1990The appellant relies on Boykins v. City of Reading, 128 Pa.Cmwlth. 154 , 562 A.2d 1027 (1989) to support its view that the court below based its decision on a palpable error of law. 1990The appellant relies on Boykins v. City of Reading, 128 Pa.Cmwlth. 154 , 562 A.2d 1027 (1989) to support its view that the court below based its decision on a palpable error of law. | 1 | 1990–1990 |
Commonwealth v. Richardson
neutral
2 sentences1985Commonwealth v. Richardson, 315 Pa.Super. 349 , 461 A.2d 1315 (1983); Commonwealth v. Bossick, 305 Pa.Super. 196 , 451 A.2d 489 (1982). 1985Commonwealth v. Richardson, 315 Pa.Super. 349 , 461 A.2d 1315 (1983); Commonwealth v. Bossick, 305 Pa.Super. 196 , 451 A.2d 489 (1982). | 1 | 1985–1985 |
Commonwealth v. Bossick
green
2 sentences1985Commonwealth v. Richardson, 315 Pa.Super. 349 , 461 A.2d 1315 (1983); Commonwealth v. Bossick, 305 Pa.Super. 196 , 451 A.2d 489 (1982). 1985Commonwealth v. Richardson, 315 Pa.Super. 349 , 461 A.2d 1315 (1983); Commonwealth v. Bossick, 305 Pa.Super. 196 , 451 A.2d 489 (1982). | 1 | 1985–1985 |
Commonwealth v. Yahnert
neutral
2 sentences1974Citing Commonwealth v. O'Brien, 312 Pa. 543, 546 , 168 A. 244, 245 (1933), the court found such a basic and fundamental error, noting that "[a] man is not to be deprived of his liberty and reputation because of the inadvertence of a trial judge or the carelessness of his counsel in failing to call the attention of the trial court to palpable error which offends against the fundamentals of a fair and impartial trial." 216 Pa. Superior Ct. at 160 n. 1, 264 A. 2d at 181 n. 1. 1974Citing Commonwealth v. O’Brien, 312 Pa. 543, 546 , 168 A. 244, 245 (1933), the court found such a basic and fundamental error, noting that “[a] man is not to be deprived of his liberty and reputation because of the inadvertence of a trial judge or the carelessness of his counsel in failing to call the attention of the trial court to palpable error which offends against the fundamentals of a fair and impartial trial.” 216 Pa. Superior Ct. at 160 n. 1, 264 A. 2d at 181 n. 1. | 1 | 1974–1974 |
Philadelphia Suburban Transportation Co. Application
green
2 sentences1974Citing Commonwealth v. O'Brien, 312 Pa. 543, 546 , 168 A. 244, 245 (1933), the court found such a basic and fundamental error, noting that "[a] man is not to be deprived of his liberty and reputation because of the inadvertence of a trial judge or the carelessness of his counsel in failing to call the attention of the trial court to palpable error which offends against the fundamentals of a fair and impartial trial." 216 Pa. Superior Ct. at 160 n. 1, 264 A. 2d at 181 n. 1. 1974Citing Commonwealth v. O’Brien, 312 Pa. 543, 546 , 168 A. 244, 245 (1933), the court found such a basic and fundamental error, noting that “[a] man is not to be deprived of his liberty and reputation because of the inadvertence of a trial judge or the carelessness of his counsel in failing to call the attention of the trial court to palpable error which offends against the fundamentals of a fair and impartial trial.” 216 Pa. Superior Ct. at 160 n. 1, 264 A. 2d at 181 n. 1. | 1 | 1974–1974 |
Commonwealth v. Williams
green
2 sentences1970Commonwealth v. Williams, 432 Pa. 557 , 248 A. 2d 301 (1968); Patterson v. Pittsburgh Rys. 1970Commonwealth v. Williams, 432 Pa. 557 , 248 A. 2d 301 (1968); Patterson v. Pittsburgh Rys. | 1 | 1970–1970 |
Miller Et Ux. v. Dierken
green
2 sentences1970In civil cases, moreover, we have considered the plea of res judicata, although not raised below. “[T]he doctrine of res judicata, predicated on the fundamental ground of public policy, may operate as a bar although not specifically raised by the'parties in the court below.” Miller v. Dierken, 157 Pa. Superior Ct. 69, 72 , 41 A. 2d 438 (1945) (Rhodes, J.). 1970In civil cases, moreover, we have considered the plea of res judicata, although not raised below. “[T]he doctrine of res judicata, predicated on the fundamental ground of public policy, may operate as a bar although not specifically raised by the'parties in the court below.” Miller v. Dierken, 157 Pa. Superior Ct. 69, 72 , 41 A. 2d 438 (1945) (Rhodes, J.). | 1 | 1970–1970 |
STANDER v. Kelley
neutral
2 sentences1969An appeal was taken to this Court, which affirmed the dismissal of the preliminary injunction on the ground that the Court below had not committed a clear abuse of discretion or a palpable error of law: Stander v. Kelley, 432 Pa. 1 , 246 A. 2d 649 . 1969An appeal was taken to this Court, which affirmed the dismissal of the preliminary injunction on the ground that the Court below had not committed a clear abuse of discretion or a palpable error of law: Stander v. Kelley, 432 Pa. 1 , 246 A. 2d 649 . | 1 | 1969–1969 |
Schmitt v. City of Philadelphia
green
1 sentence1968However, in a homicide case, [**] where a defendant's life or liberty is at stake, and where defendant may have been deprived of a fair and impartial trial, or suffered manifest injustice, [because of basic and fundamental error] an appellate court will review the case notwithstanding the failure of defendant's counsel to take proper exceptions: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ." In Commonwealth v. Smith, 374 Pa., supra, the Court expressed the rule at page 225: "It first should be noted that only a general exception | 1 | 1968–1968 |
White v. Moore
green
1 sentence1968Commonwealth v. Stowers, 363 Pa., supra; Commonwealth v. O'Brien, 312 Pa., supra. In Commonwealth v. Robinson, 317 Pa., supra, the Court said, (page 323): "And, of course, basic and fundamental error, such as here, will be considered even if not pointed out in the court below: [*] White v. Moore, 288 Pa. 411 . `A man is not to be deprived of *565 his liberty and reputation because of the inadvertence of a trial judge or the carelessness of his counsel in failing to call the attention of the trial court to palpable error which offends against the fundamentals of a fair and impartial trial': Com | 1 | 1968–1968 |
Marlowe v. Travelers Insurance Co.
green
1 sentence1968However, in a homicide case, [**] where a defendant's life or liberty is at stake, and where defendant may have been deprived of a fair and impartial trial, or suffered manifest injustice, [because of basic and fundamental error] an appellate court will review the case notwithstanding the failure of defendant's counsel to take proper exceptions: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ." In Commonwealth v. Smith, 374 Pa., supra, the Court expressed the rule at page 225: "It first should be noted that only a general exception | 1 | 1968–1968 |
Commonwealth v. Corrie
green
2 sentences1968However, in a homicide case, [**] where a defendant's life or liberty is at stake, and where defendant may have been deprived of a fair and impartial trial, or suffered manifest injustice, [because of basic and fundamental error] an appellate court will review the case notwithstanding the failure of defendant's counsel to take proper exceptions: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ." In Commonwealth v. Smith, 374 Pa., supra, the Court expressed the rule at page 225: "It first should be noted that only a general exception 1968However, in a homicide case, [**] where a defendant's life or liberty is at stake, and where defendant may have been deprived of a fair and impartial trial, or suffered manifest injustice, [because of basic and fundamental error] an appellate court will review the case notwithstanding the failure of defendant's counsel to take proper exceptions: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ." In Commonwealth v. Smith, 374 Pa., supra, the Court expressed the rule at page 225: "It first should be noted that only a general exception | 1 | 1968–1968 |
Commonwealth v. Scott
green
2 sentences1968However, in a homicide case, [**] where a defendant's life or liberty is at stake, and where defendant may have been deprived of a fair and impartial trial, or suffered manifest injustice, [because of basic and fundamental error] an appellate court will review the case notwithstanding the failure of defendant's counsel to take proper exceptions: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ." In Commonwealth v. Smith, 374 Pa., supra, the Court expressed the rule at page 225: "It first should be noted that only a general exception 1968However, in a homicide case, [**] where a defendant's life or liberty is at stake, and where defendant may have been deprived of a fair and impartial trial, or suffered manifest injustice, [because of basic and fundamental error] an appellate court will review the case notwithstanding the failure of defendant's counsel to take proper exceptions: Commonwealth v. Scott, 284 Pa. 159, 162 , 130 A. 317 ; Commonwealth v. Corrie, 302 Pa. 431, 436 , 153 A. 743 ." In Commonwealth v. Smith, 374 Pa., supra, the Court expressed the rule at page 225: "It first should be noted that only a general exception | 1 | 1968–1968 |
Levy Motor Vehicle Operator License Case
green
1 sentence1961For the reasons set forth in Levy Motor Vehicle Operator License Case, 191 Pa. Superior Ct. 390 , 169 A. 2d 596 (1960L), the court below must be reversed. | 1 | 1961–1961 |
Anundson Construction & Building Supply Co. v. Emporium Area Joint School Authority
neutral
1 sentence1961For the reasons set forth in Levy Motor Vehicle Operator License Case, 191 Pa. Superior Ct. 390 , 169 A. 2d 596 (1960L), the court below must be reversed. | 1 | 1961–1961 |
Commonwealth v. Robinson
green
2 sentences1951In the ringing words of Mr. Justice (now Chief Justice) Drew in Commonwealth v. O’Brien, 312 Pa. 543, 546 , 168 A. 244 , 245: “A man is not to be deprived of Mg liberty and reputation because of the inadvertence of a trial judge or the carelessness of Ms counsel in failing to call the attention of the trial court to palpable error which offends against the fundamentals of a fair and impartial trial.” The principle-thus stated has since been followed in numerous cases both in our own and the Superior Court: Commonwealth v. Robinson, 317 Pa. 321, 323 , 176 A. 908, 909 ; Commonwealth v. Wiand, 15 1951In the ringing words of Mr. Justice (now Chief Justice) Drew in Commonwealth v. O’Brien, 312 Pa. 543, 546 , 168 A. 244 , 245: “A man is not to be deprived of Mg liberty and reputation because of the inadvertence of a trial judge or the carelessness of Ms counsel in failing to call the attention of the trial court to palpable error which offends against the fundamentals of a fair and impartial trial.” The principle-thus stated has since been followed in numerous cases both in our own and the Superior Court: Commonwealth v. Robinson, 317 Pa. 321, 323 , 176 A. 908, 909 ; Commonwealth v. Wiand, 15 | 1 | 1951–1951 |
| Commonwealth v. Gold Et Ux. green | 1 | 1951–1951 |
| Commonwealth v. O'Toole green | 1 | 1951–1951 |
| Commonwealth v. Balles green | 1 | 1951–1951 |
| Myers & Murray v. Commonwealth neutral | 1 | 1936–1936 |
| Commonwealth v. Powell neutral | 1 | 1936–1936 |
| Commonwealth v. Major green | 1 | 1936–1936 |
| Commonwealth v. Tassone green | 1 | 1936–1936 |
| Stevenson v. Mellor green | 1 | 1936–1936 |
| Pinney v. Brown green | 1 | 1933–1933 |
| Shubert v. State neutral | 1 | 1913–1913 |
| State v. Reynolds neutral | 1 | 1913–1913 |
| Commonwealth v. Brown green | 1 | 1913–1913 |
| Clark v. Commonwealth neutral | 1 | 1913–1913 |
| Commonwealth v. Crossmire green | 1 | 1913–1913 |
| Commonwealth v. Roddy green | 1 | 1913–1913 |
| Commonwealth v. Eagan green | 1 | 1913–1913 |
| Commonwealth v. Spahr green | 1 | 1913–1913 |
| Commonwealth v. Payne green | 1 | 1913–1913 |
| State v. . Jones neutral | 1 | 1913–1913 |
| Asevado v. Orr green | 1 | 1913–1913 |
| Commonwealth v. Gearhardt neutral | 1 | 1910–1910 |
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.