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26 Pennsylvania opinions name it 3 courts 2000–2024 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 |
|---|---|---|
Commonwealth v. Trivignogreen2 sentences2024See Commonwealth v. Trivigno, … 750 A.2d 243, 249 ([Pa.] 2000) (plurality opinion) (“A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel[.]”) (citing United States v. Robinson, 485 U.S. 25 , 31 … (1988)); Commonwealth v. Marrero, 687 A.2d 1102, 1109 ([Pa.] 1996). 2024See Commonwealth v. Trivigno, 750 A.2d 243, 249 (Pa. 2000) (plurality opinion) (“A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel”) (citing United States v. Robinson, 485 U.S. 25, 31 , (1988)); Commonwealth v. Marrero, 687 A.2d 1102, 1109 (Pa. 1996). | 19 | 20 |
United States v. Robinsongreen2 sentences2024See Commonwealth v. Trivigno, … 750 A.2d 243, 249 ([Pa.] 2000) (plurality opinion) (“A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel[.]”) (citing United States v. Robinson, 485 U.S. 25 , 31 … (1988)); Commonwealth v. Marrero, 687 A.2d 1102, 1109 ([Pa.] 1996). 2024See Commonwealth v. Trivigno, 750 A.2d 243, 249 (Pa. 2000) (plurality opinion) (“A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel”) (citing United States v. Robinson, 485 U.S. 25, 31 , (1988)); Commonwealth v. Marrero, 687 A.2d 1102, 1109 (Pa. 1996). | 12 | 15 |
Commonwealth v. Marrerogreen2 sentences2024See Commonwealth v. Trivigno, … 750 A.2d 243, 249 ([Pa.] 2000) (plurality opinion) (“A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel[.]”) (citing United States v. Robinson, 485 U.S. 25 , 31 … (1988)); Commonwealth v. Marrero, 687 A.2d 1102, 1109 ([Pa.] 1996). 2024See Commonwealth v. Trivigno, 750 A.2d 243, 249 (Pa. 2000) (plurality opinion) (“A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel”) (citing United States v. Robinson, 485 U.S. 25, 31 , (1988)); Commonwealth v. Marrero, 687 A.2d 1102, 1109 (Pa. 1996). | 10 | 11 |
Commonwealth v. Jonesgreen2 sentences2024Furthermore, “prosecutorial misconduct will not be found where comments were based on the evidence or proper inferences therefrom or were only oratorical flair.” Commonwealth v. Jones, … 668 A.2d 491 , 514 (1995). 2024Moreover, “prosecutorial misconduct will not be found where comments were based on the evidence or proper inferences therefrom or were only oratorical flair.” Commonwealth v. Jones, 668 A.2d 491, 514 (Pa. 1995). | 4 | 10 |
Commonwealth v. Collinsgreen2 sentences2017A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel. - 12 - J-S56006-17 Id. at 1253 (citation and brackets omitted). 2015Additionally, this Court has stated that a “remark by a prosecutor, otherwise improper, may be appropriate if it is in [fair] response to the argument and comment of defense counsel.” Commonwealth v. Collins, 70 A.3d 1245, 1253 (Pa. Super. 2013) (brackets in original) (quoting Commonwealth v. Chmiel, 889 A.2d 501, 543-44 (Pa. 2005)), appeal denied, 80 A.3d 774 (Pa. 2013). | 3 | 3 |
Commonwealth v. Chmielgreen2 sentences2015Additionally, this Court has stated that a “remark by a prosecutor, otherwise improper, may be appropriate if it is in [fair] response to the argument and comment of defense counsel.” Commonwealth v. Collins, 70 A.3d 1245, 1253 (Pa. Super. 2013) (brackets in original) (quoting Commonwealth v. Chmiel, 889 A.2d 501, 543-44 (Pa. 2005)), appeal denied, 80 A.3d 774 (Pa. 2013). 2013Moreover, prosecutorial misconduct will not be found where comments were based on the evidence or proper inferences therefrom or were only oratorical flair. [ 585 Pa. 547 ] 889 A.2d 501 , 543-44 (Pa. 2005). | 1 | 2 |
Commonwealth v. Whartongreen1 sentence2018See Commonwealth v. Wharton, 607 A.2d 710 (Pa. 1992) (finding a conversation between a detective and a witness admissible when in response to defense counsel's questioning about other possible suspects that may have been overlooked by the police); see also Commonwealth v. Trivigno, 750 A.2d 243, 249 (Pa. 2000) (A "remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel."). | 1 | 1 |
Commonwealth v. Wrightgreen2 sentences2009United States v. Robinson, 485 U.S. 25, 31 , 108 S.Ct. 864 , 99 L.Ed.2d 23 (1988).” Commonwealth v. Trivigno, 561 Pa. 232, 243-44 , 750 A.2d 243, 248-49 (2000). (internal quotations omitted; citations omitted; footnotes omitted) See also, Commonwealth v. Wright, 599 Pa. 270, 309-10 , 961 A.2d 119, 141-42 (2008). 2009United States v. Robinson, 485 U.S. 25, 31 , 108 S.Ct. 864 , 99 L.Ed.2d 23 (1988).” Commonwealth v. Trivigno, 561 Pa. 232, 243-44 , 750 A.2d 243, 248-49 (2000). (internal quotations omitted; citations omitted; footnotes omitted) See also, Commonwealth v. Wright, 599 Pa. 270, 309-10 , 961 A.2d 119, 141-42 (2008). | 1 | 1 |
Commonwealth v. Rolangreen2 sentences2000See also Commonwealth v. Rolan, 520 Pa. 1 , 549 A.2d 553 (1988). 3 A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel. 2000See also Commonwealth v. Rolan, 520 Pa. 1 , 549 A.2d 553 (1988). 3 A remark by a prosecutor, otherwise improper, may be appropriate if it is in fair response to the argument and comment of defense counsel. | 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. Hawkins
green
2 sentences2020Moreover, “prosecutorial misconduct will not be found where comments were based on the evidence or proper inferences therefrom or were only oratorical flair.” Hawkins, 701 A.2d at 503 ; [Commonwealth v.] Jones, [ 542 Pa. 464, 512 ,] 668 A.2d [491, 514 (1995).] *** It is settled that it is improper for a prosecutor to express a personal belief as to the credibility of the defendant or other witnesses. 2005Moreover, "prosecutorial misconduct will not be found where comments were based on the evidence or proper inferences therefrom or were only oratorical flair." Hawkins, 701 A.2d at 503 ; Jones, 668 A.2d at 514 . | 2 | 2005–2020 |
Commonwealth v. Cox
green
2 sentences2019Commonwealth v. Trivigno , 561 Pa. 232 , 750 A.2d 243 , 248-49 (2000) (citations omitted); cf. Commonwealth v. Cox , 603 Pa. 223 , 983 A.2d 666 , 688 (2009) (noting that *1049 the Commonwealth's reference to a defendant's failure to testify is a fair response if "it is evident that the [prosecution] did not treat the defendant's silence as substantive evidence of guilt, but instead referred to the possibility of testifying as one of several opportunities which the defendant was afforded, contrary to the statement of his counsel, to explain his side of the case" (citation omitted) ). 2019Commonwealth v. Trivigno , 561 Pa. 232 , 750 A.2d 243 , 248-49 (2000) (citations omitted); cf. Commonwealth v. Cox , 603 Pa. 223 , 983 A.2d 666 , 688 (2009) (noting that *1049 the Commonwealth's reference to a defendant's failure to testify is a fair response if "it is evident that the [prosecution] did not treat the defendant's silence as substantive evidence of guilt, but instead referred to the possibility of testifying as one of several opportunities which the defendant was afforded, contrary to the statement of his counsel, to explain his side of the case" (citation omitted) ). | 1 | 2019–2019 |
Commonwealth v. Cole
green
1 sentence2013Moreover, prosecutorial misconduct will not be found where comments were based on the evidence or proper inferences therefrom or were only oratorical flair. [ 585 Pa. 547 ] 889 A.2d 501 , 543-44 (Pa. 2005). | 1 | 2013–2013 |
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.