26 Pennsylvania opinions name it 4 courts 1908–2025 5 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 Adoption of J.L.green2 sentences2018See In re Adoption of J.L., 769 A.2d 1182, 1185 (Pa. Super. 2001). ____________________________________________ 5For example, when the attorney enters a verbal appearance at the beginning of the hearing or argues a position at the conclusion of the hearing, the attorney could state his or her name, the firm or organization for which he or she works, the child he or she represents, whether the child supports or opposes the TPR petition or has a position that is more nuanced or incapable or ascertainment, and whether the position advocated by the attorney is based upon the client’s preferred out 2018See In re Adoption of J.L., 769 A.2d 1182, 1185 (Pa. Super. 2001). | 2 | 2 |
Gross, N. v. Mintz, J.green1 sentence2025Without a doubt, this course of conduct demonstrates a clear abuse of our judicial system and an unnecessary and very wasteful exhaustion of judicial resources.” Gross o/b/o I.M. v. Mintz, 321 A.3d 1005, 1012 (Pa.Super. 2024). -3- J-A01019-25 J-A01020-25 contempt hearing concerning Attorney Ducote and Attorney Rizzo.3 At the beginning of the hearing, the court summarized the following six issues identified by the court as the basis for the contempt proceeding: Number 1, Attorneys Ducote’s and Rizzo’s failure to appear at the emergency custody hearing scheduled on June 21st, 2023, and held on J | 1 | 1 |
In Re Nominating Petition of Leegreen1 sentence2024The Court recognizes that Objector bears the burden of proving proper service on the Secretary, and such evidence is to be presented at the beginning of the hearing on an objection petition.9 See In re Lee, 578 A.2d at 1278 (dismissing objection petition where objector failed to prove proper service on the Secretary, a mandatory requirement of Section 977); Petition of Acosta, 578 A.2d 407 , 409 (Pa. 9 Acceptable evidence includes sworn affidavits or certificates affirming service on the Secretary or a copy of the front or cover page of an objection petition that bears a time stamp from the Se | 1 | 1 |
In Re the Nomination Petitions of Jabbourgreen1 sentence2024In re Jabbour, 944 A.2d 78, 79 (Pa. 2008) (per curiam). 5 1990) (same); In re Nomination Petition of Emenheiser, 896 A.2d 1288, 1289 (Pa. Cmwlth. 2006) (Flaherty, S.J.) (single-judge op.) (dismissing objection petition because objector’s evidence showed that a mailed copy of an objection petition was received two days after the last day for service which failed to establish timely service).10,11 Indeed, that requirement is reaffirmed in the Court’s Scheduling Order, which states that “[a]t the hearing, Objector shall offer proof of timely service of the Objection Petition on the Secretary . . | 1 | 1 |
In Re the Nomination Petition of Emenheisergreen1 sentence2024In re Jabbour, 944 A.2d 78, 79 (Pa. 2008) (per curiam). 5 1990) (same); In re Nomination Petition of Emenheiser, 896 A.2d 1288, 1289 (Pa. Cmwlth. 2006) (Flaherty, S.J.) (single-judge op.) (dismissing objection petition because objector’s evidence showed that a mailed copy of an objection petition was received two days after the last day for service which failed to establish timely service).10,11 Indeed, that requirement is reaffirmed in the Court’s Scheduling Order, which states that “[a]t the hearing, Objector shall offer proof of timely service of the Objection Petition on the Secretary . . | 1 | 1 |
Commonwealth v. Whitinggreen2 sentences2023To be sure, the very nature of an alibi defense almost requires external investigation and this investigation could not have been accomplished during the 20 minutes that the trial court afforded counsel at the beginning of the hearing. - 11 - J-S08006-23 See Commonwealth v. Pounds, 417 A.2d 597, 602 (Pa. 1980) (noting that “an alibi defense is generally presented with accompanying alibi witnesses or other evidence placing the defendant at a place other than the scene of the crime at the time of its commission”); see also Commonwealth v. Whiting, 187 A.2d 563, 566 (Pa. 1963) (“[a]libi is a defe 2023To be sure, the very nature of an alibi defense almost requires external investigation and this investigation could not have been accomplished during the 20 minutes that the trial court afforded counsel at the beginning of the hearing. - 11 - J-S08006-23 See Commonwealth v. Pounds, 417 A.2d 597, 602 (Pa. 1980) (noting that “an alibi defense is generally presented with accompanying alibi witnesses or other evidence placing the defendant at a place other than the scene of the crime at the time of its commission”); see also Commonwealth v. Whiting, 187 A.2d 563, 566 (Pa. 1963) (“[a]libi is a defe | 1 | 1 |
Commonwealth v. Poundsgreen2 sentences2023To be sure, the very nature of an alibi defense almost requires external investigation and this investigation could not have been accomplished during the 20 minutes that the trial court afforded counsel at the beginning of the hearing. - 11 - J-S08006-23 See Commonwealth v. Pounds, 417 A.2d 597, 602 (Pa. 1980) (noting that “an alibi defense is generally presented with accompanying alibi witnesses or other evidence placing the defendant at a place other than the scene of the crime at the time of its commission”); see also Commonwealth v. Whiting, 187 A.2d 563, 566 (Pa. 1963) (“[a]libi is a defe 2023To be sure, the very nature of an alibi defense almost requires external investigation and this investigation could not have been accomplished during the 20 minutes that the trial court afforded counsel at the beginning of the hearing. - 11 - J-S08006-23 See Commonwealth v. Pounds, 417 A.2d 597, 602 (Pa. 1980) (noting that “an alibi defense is generally presented with accompanying alibi witnesses or other evidence placing the defendant at a place other than the scene of the crime at the time of its commission”); see also Commonwealth v. Whiting, 187 A.2d 563, 566 (Pa. 1963) (“[a]libi is a defe | 1 | 1 |
In re T.S.green1 sentence2019See In re T.S., 192 A.3d 1080 (Pa. 2018). | 1 | 1 |
Commonwealth v. Morrisongreen1 sentence2018This appeal followed. -2- J-A28023-17 “Generally, a plea of guilty amounts to a waiver of all defects and defenses except those concerning the jurisdiction of the court, the legality of the sentence, and the validity of the guilty plea.” Commonwealth v. Morrison, 173 A.3d 286, 290 (Pa. Super. 2017) (citation omitted). | 1 | 1 |
McFadden v. Unemployment Compensation Board of Reviewgreen1 sentence2018Bd. of Review, 806 A.2d 955, 958 (Pa. Cmwlth. 2002). 7 The referee advised Claimant at the beginning of the hearing that she had the right to an attorney or non-legal representative, the right to present evidence and testimony, and the right to question witnesses from both sides. | 1 | 1 |
Brunswick Hotel & Conference Center, LLC v. Unemployment Compensation Board of Reviewgreen1 sentence2015Claimant sought reinstatement, and Employer rehired her as a housekeeper on August 1, 2014, after which she underwent a drug test on August 8, 2014, which yielded negative results. 2 To establish a necessitous and compelling cause for terminating one’s employment, a claimant bears the burden of proving that: “(1) circumstances existed which produced real and substantial pressure to terminate employment; (2) such circumstances would compel a reasonable person to act in the same manner; (3) the claimant acted with ordinary common sense; and, (4) the claimant made a reasonable effort to preserve | 1 | 1 |
Commonwealth v. Tedfordgreen1 sentence2015However, at the beginning of the hearing, Appellant’s trial counsel argued that the court should permit him to withdraw because Appellant filed a pro se motion claiming that he was ineffective.2 ____________________________________________ 2 But see Commonwealth v. Tedford, 960 A.2d 1 , 10 n.4 (Pa. 2008) (“a criminal defendant currently represented by counsel is not entitled to ‘hybrid representation’ – i.e., he cannot litigate certain issues pro se while counsel forwards other claims”); see also Commonwealth v. Quel, 27 A.3d 1033 , (Footnote Continued Next Page) -5- J-S49037-15 The trial cour | 1 | 1 |
Commonwealth v. QUELgreen1 sentence2015However, at the beginning of the hearing, Appellant’s trial counsel argued that the court should permit him to withdraw because Appellant filed a pro se motion claiming that he was ineffective.2 ____________________________________________ 2 But see Commonwealth v. Tedford, 960 A.2d 1 , 10 n.4 (Pa. 2008) (“a criminal defendant currently represented by counsel is not entitled to ‘hybrid representation’ – i.e., he cannot litigate certain issues pro se while counsel forwards other claims”); see also Commonwealth v. Quel, 27 A.3d 1033 , (Footnote Continued Next Page) -5- J-S49037-15 The trial cour | 1 | 1 |
Rothman v. Fillettegreen2 sentences2005Similarly, at the beginning of its analysis, the court states that "it must be understood that under the facts of this case, there is no question of *792 an implied or an apparent agency," emphasizing that the "law in this jurisdiction is quite clear that an attorney must have express authority to settle a cause of action of the client." Id. at 545. 2005Similarly, at the beginning of its analysis, the court states that “it must be understood that under the facts of this case, there is no question of an implied or an apparent agency,” emphasizing that the “law in this jurisdiction is quite clear that an attorney must have express authority to settle a cause of action of the client.” Id. at 545. | 1 | 1 |
Morabito's Auto Sales v. Com., Dept. of Transp.green2 sentences2004See id. *111 ¶ 15 Because the nature of the rights affected is dispositive, it must mark the beginning of our inquiry. 2004See id. ¶ 15 Because the nature of the rights affected is dispositive, it must mark the beginning of our inquiry. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Interest of: M.R.F., III, minor, Appeal of: K.L.C
green
2 sentences2024My ____________________________________________ 5 In accordance with Appellants’ representations to the juvenile court at the beginning of the hearing, see id., Appellants did not cross-examine these witnesses. 6 I note that, before the first Appellant (former foster mother) testified, Appellants’ counsel told the juvenile court that Appellants had a binder of exhibits. 2024My ____________________________________________ 5 In accordance with Appellants’ representations to the juvenile court at the beginning of the hearing, see id., Appellants did not cross-examine these witnesses. 6 I note that, before the first Appellant (former foster mother) testified, Appellants’ counsel told the juvenile court that Appellants had a binder of exhibits. | 2 | 2024–2024 |
In Re Nomination Petition of Acosta
green
1 sentence2024The Court recognizes that Objector bears the burden of proving proper service on the Secretary, and such evidence is to be presented at the beginning of the hearing on an objection petition.9 See In re Lee, 578 A.2d at 1278 (dismissing objection petition where objector failed to prove proper service on the Secretary, a mandatory requirement of Section 977); Petition of Acosta, 578 A.2d 407 , 409 (Pa. 9 Acceptable evidence includes sworn affidavits or certificates affirming service on the Secretary or a copy of the front or cover page of an objection petition that bears a time stamp from the Se | 1 | 2024–2024 |
Commonwealth v. Brown
green
1 sentence2020Id. 8 The PCRA court, at the beginning of the hearing, announced as follows: THE COURT: Good morning. | 1 | 2020–2020 |
Alleyne v. United States
green
1 sentence2019This appeal followed.2 On appeal, Appellant claims that his sentence for PWID (cocaine) is illegal pursuant to Alleyne v. United States, 570 U.S. 99 (2013) (holding that any fact which increases the mandatory minimum sentence for a crime is an element of that crime, and therefore must be submitted to a jury and proven beyond a reasonable doubt). | 1 | 2019–2019 |
Commonwealth v. Melius
green
1 sentence2016Because Kirchner was on parole for that sentence and there was no associated sentence of probation, “the only option for a court that decides to revoke parole is to recommit the ____________________________________________ 6 At the beginning of the hearing, the Crier states on the record: “This is No. 13 and 14, Jessie Kirchner, CP-5550 and 5552-2014.” Accordingly, “No. 13” references 5550-2014. 7 This references the remaining counts on docket number 5550-2014. -6- J-S60026-16 defendant to serve the already-imposed, original sentence.” Melius, supra, at 686 . | 1 | 2016–2016 |
Terry v. Ohio
green
1 sentence2015Appellant’s Petition for Writ of Certiorari, 2/27/14, at 1-2. ____________________________________________ 3 See Terry v. Ohio, 392 U.S. 1 (1968). -5- J-S43007-15 On April 25, 2014, the trial court held a hearing on Appellant’s petition for writ of certiorari and, at the beginning of the hearing, Appellant conceded that reasonable suspicion existed to support the initial stop of his vehicle. | 1 | 2015–2015 |
Dennis v. Southeastern Pennsylvania Transportation Authority
green
1 sentence2015The court replied: “That’s correct.” Id. | 1 | 2015–2015 |
Medtronic, Inc. v. Lohr
green
2 sentences2011As we noted at the beginning of our analysis, we must “start with the assumption that the historic police powers of the States were not to be superseded by [a] Federal Act unless that was the clear and manifest purpose of Congress.” Medtronic, Inc., supra at 485, 116 S.Ct. 2240 (internal citation and quotation omitted). 2011As we noted at the beginning of our analysis, we must "start with the assumption that the historic police powers of the States were not to be superseded by [a] Federal Act unless that was the clear and manifest purpose of Congress." Medtronic, Inc., supra at 485, 116 S.Ct. 2240 (internal citation and quotation omitted). | 1 | 2011–2011 |
Christy v. Cranberry Volunteer Ambulance Corps, Inc.
green
2 sentences2007Moreover, at the beginning of its analysis in Christy , the Supreme Court clearly and unequivocally stated that “[vjolunteer fire companies are local agencies for purposes of the [PSTCA].” Christy, 579 Pa. at 411 , 856 A.2d at 47 . 2007Moreover, at the beginning of its analysis in Christy , the Supreme Court clearly and unequivocally stated that “[vjolunteer fire companies are local agencies for purposes of the [PSTCA].” Christy, 579 Pa. at 411 , 856 A.2d at 47 . | 1 | 2007–2007 |
GMH Associates, Inc. v. Prudential Realty Group
green
1 sentence2003The lease term here was for at least five years, First Amended Complaint, at Exhibit A, but the statute’s ostensible application is only the beginning of our inquiry. ¶ 29 In ruling on the summary judgment motion, the trial court found that “the jury could conclude that the facts in this case satisfy the requirements for a real estate contract as enunciated in GMH [Assoc., Inc. v. Prudential Realty, 752 A.2d 889 (Pa.Super.2000) ].” Opinion and Order, 3/29/01, at 9. | 1 | 2003–2003 |
Borough of Nazareth v. Pennsylvania Labor Relations Board
green
2 sentences1995At the beginning of the hearing, the second count in mandamus was withdrawn by the Association in view of the Supreme Court's decision in Borough of Nazareth v. Pennsylvania Labor Relations Board, 534 Pa. 11 , 626 A.2d 493 (1993) which held that the PLRB is in the best position to resolve all unfair labor practice issues. 1995At the beginning of the hearing, the second count in mandamus was withdrawn by the Association in view of the Supreme Court's decision in Borough of Nazareth v. Pennsylvania Labor Relations Board, 534 Pa. 11 , 626 A.2d 493 (1993) which held that the PLRB is in the best position to resolve all unfair labor practice issues. | 1 | 1995–1995 |
Commonwealth v. Robinson
green
2 sentences1993Only where diere is shown a reasonable and articulable suspicion of criminal activity beyond the traffic violation or that the occupant of the vehicle is armed and dangerous, may an officer order a person to exit a vehicle, Commonwealth v. Robinson, 399 Pa. Super. 199 , 582 A.2d 14 (1990) or where there is clearly proven consent to a search, may the seizure of the evidence herein be countenanced. 1993Only where diere is shown a reasonable and articulable suspicion of criminal activity beyond the traffic violation or that the occupant of the vehicle is armed and dangerous, may an officer order a person to exit a vehicle, Commonwealth v. Robinson, 399 Pa. Super. 199 , 582 A.2d 14 (1990) or where there is clearly proven consent to a search, may the seizure of the evidence herein be countenanced. | 1 | 1993–1993 |
Commonwealth v. Ingram
green
2 sentences1979On October 13 Judge RAMBO filed an *277 order denying the petition; in the opinion accompanying the order the judge found that “[appellant] did in fact voluntarily, knowingly and freely enter his plea of guilty.” Slip opinion at 4. 3 Where the record shows that a proper colloquy was conducted before the defendant entered his guilty plea, see Commonwealth v. Ingram, 455 Pa. 198 , 316 A.2d 77 (1974), the burden is on the defendant to show that the plea was not intelligent and voluntary, Commonwealth ex rel. 1979On October 13 Judge RAMBO filed an *277 order denying the petition; in the opinion accompanying the order the judge found that “[appellant] did in fact voluntarily, knowingly and freely enter his plea of guilty.” Slip opinion at 4. 3 Where the record shows that a proper colloquy was conducted before the defendant entered his guilty plea, see Commonwealth v. Ingram, 455 Pa. 198 , 316 A.2d 77 (1974), the burden is on the defendant to show that the plea was not intelligent and voluntary, Commonwealth ex rel. | 1 | 1979–1979 |
Koon's Appeal
neutral
1 sentence1908In Koon’s and Wright’s Appeal, 113 Pa. 621 , upon which the appellants seem to place great reliance, interest was allowed from one year from the death of the testator, because, in the language of Mr. Justice Gbeex, “ The legacy of $10,000 to the appellee was absolute, without any condition as to its payment, and no time of payment was expressed in the will which gave it. | 1 | 1908–1908 |
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.