sustained defense (Pennsylvania) · Go Syfert
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sustained defense in Pennsylvania

25 Pennsylvania opinions name it 3 courts 1892–2024 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.

Followed or applied (10)

CaseFollowedCited
PA. ASS'N OF RENT. DEAL. v. Com. of Pa.green
pacommwct · 1989 · cited in 2 Pennsylvania opinions naming this issue, 2003–2003
2 sentences

2003See Pennsylvania Ass’n of Rental Dealers, 554 A.2d at 1002 n. 2. .

2003See Pennsylvania Ass'n of Rental Dealers, 554 A.2d at 1002 n. 2. [5] The Court notes that In re Commonwealth, Department of Transportation concerned a challenge to the title of an act, and the Supreme Court stated that one seeking to declare a title unconstitutional under Article III, Section 3 must show either actual deception or that no reasonable person would be put on notice as to the act's contents. [6] The Court recently upheld an Article III, Section 3 challenge in DeWeese v. Weaver, 824 A.2d 364 (Pa.Cmwlth.2003).

22
Commonwealth v. Kinggreen
pa · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Commonwealth v. King, 57 A.3d 607, 622 (Pa. 2012) (where no factual basis to sustain underlying claim, any allegation of ineffective assistance based on counsel’s behavior must fail). ____________________________________________ 16 In this instance, the trial court sustained the defense’s objection to the prosecutor’s behavior during her closing, told her it was unprofessional, and instructed the prosecutor to refrain from doing it again.

11
Corrado v. Thomas Jefferson University Hospitalgreen
pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See id.

11
Commonwealth v. Garciagreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Therefore, the question had no prejudicial effect.” Commonwealth v. Garcia, 479 A.2d 473, 479-80 (Pa. 1984) -9- J-A30033-14 (concluding that defendant not prejudiced by prosecutor’s question where witness did not respond before objection sustained).

11
DeWeese v. Weavergreen
pacommwct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
1 sentence

2003See Pennsylvania Ass'n of Rental Dealers, 554 A.2d at 1002 n. 2. [5] The Court notes that In re Commonwealth, Department of Transportation concerned a challenge to the title of an act, and the Supreme Court stated that one seeking to declare a title unconstitutional under Article III, Section 3 must show either actual deception or that no reasonable person would be put on notice as to the act's contents. [6] The Court recently upheld an Article III, Section 3 challenge in DeWeese v. Weaver, 824 A.2d 364 (Pa.Cmwlth.2003).

11
Commonwealth v. Jonesgreen
pasuperct · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
2 sentences

1993This necessarily follows from the burden placed upon the Commonwealth to prove every element of an offense beyond a reasonable doubt." Commonwealth v. Jones, 242 Pa.Super. 471, 479 , 364 A.2d 368, 372 (1976).

1993This necessarily follows from the burden placed upon the Commonwealth to prove every element of an offense beyond a reasonable doubt." Commonwealth v. Jones, 242 Pa.Super. 471, 479 , 364 A.2d 368, 372 (1976).

11
Commonwealth v. Pyettgreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991See: Commonwealth v. Pyett, 372 Pa.Super. 291, 294 , 539 A.2d 444, 445 (1988); Commonwealth v. Holmes, 315 Pa.Super. 256 , 461 A.2d 1268 (1983) (en banc).

1991See: Commonwealth v. Pyett, 372 Pa.Super. 291, 294 , 539 A.2d 444, 445 (1988); Commonwealth v. Holmes, 315 Pa.Super. 256 , 461 A.2d 1268 (1983) (en banc).

11
Commonwealth v. Whitneygreen
pa · 1986 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990
2 sentences

1990The remarks in question were very closely patterned after, indeed, substantially excerpted from, remarks made by the prosecutor in Commonwealth v. Whitney, 511 Pa. 232, 242-49 , 512 A.2d 1152, 1158-60 (1986).

1990The remarks in question were very closely patterned after, indeed, substantially excerpted from, remarks made by the prosecutor in Commonwealth v. Whitney, 511 Pa. 232, 242-49 , 512 A.2d 1152, 1158-60 (1986).

11
United States v. George Gillettegreen
ca2 · 1967 · cited in 1 Pennsylvania opinions naming this issue, 1973–1973
1 sentence

1973In so holding this Court, pertinently noted: "To rule otherwise would permit the police in every case to exaggerate or to expand on the facts given to the magistrate merely for the purpose of meeting the probable cause requirement, thus precluding a detached and objective determination." Id. at 337-38 , 263 A. 2d at 444 . *205 As numerous state and federal courts have recognized, [4] the right of a defendant to challenge the veracity of facts recited in a warrant is not premised on an assumption of perjury by law enforcement officials: "Although we have repeatedly stated that `outright perjury

11
Turner v. United Statesgreen
scotus · 1970 · cited in 1 Pennsylvania opinions naming this issue, 1970–1970
2 sentences

1970Respecting heroin, however, the Court sustained the presumption in light of evidence that virtually all domestically consumed heroin is illegally imported and that this fact concerning the source of heroin is not only widely and popularly known but especially known to those who traffic in the drug, "unless they practice a studied ignorance to which they are not entitled." 396 U.S. at 416-17 , 90 S. Ct. at 652-53 (footnote omitted).

1970Respecting heroin, however, the Court sustained the presumption in light of evidence that virtually all domestically consumed heroin is illegally imported and that this fact concerning the source of heroin is not only widely and popularly known but especially known to those who traffic in the drug, "unless they practice a studied ignorance to which they are not entitled." 396 U.S. at 416-17 , 90 S. Ct. at 652-53 (footnote omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (23)

CaseCitedYears
Z.F.I V. Bethanna, W. green
pasuperct · 2020
1 sentence

2021Upon review, given Dr. Mirza’s concession that he is not an expert in corporate structures, we conclude the trial court’s ruling does not constitute a “manifest abuse of discretion.” Z.F.1, 244 A.3d at 498 .

12021–2021
Commonwealth v. Butler green
pa · 2002
1 sentence

2021Despite the fact that the trial court sustained defense counsel’s objection to the admission of this evidence and ordered Ms. Weigand’s testimony regarding the formation of petechiae be stricken from the record, id. (citing N.T.

12021–2021
Commonwealth v. Treat green
pasuperct · 2004
2 sentences

2014Despite stating that “the possibility that the victim would incriminate herself was ‘ridiculous[,]’ … the trial court sustained her claim of privilege[,] citing the statement of [her] counsel that [she] could incriminate herself.” - 12 - J-S74009-14 Id.

2014This Court ultimately overruled the trial court’s decision, emphasizing that “although the trial court did have an in camera discussion with counsel, … no one offered anything to substantiate the claim of privilege.” Id.

12014–2014
TAYLOR Et Vir v. Spencer Hospital green
pasuperct · 1972
2 sentences

2002Id. at 152 . ¶ 5 Following this discussion, Appellant's counsel asked whether Dr. Osterholm had been involved with Post & Schell "over the years, in many matters" to which Dr. Osterholm replied "a few." Id. at 152-53 .

2002Id. at 152 . ¶ 5 Following this discussion, Appellant's counsel asked whether Dr. Osterholm had been involved with Post & Schell "over the years, in many matters" to which Dr. Osterholm replied "a few." Id. at 152-53 .

12002–2002
Commonwealth v. DeJesus green
pa · 2001
2 sentences

2002Therefore, we will not address the ineffectiveness claim. [13] 42 Pa.C.S. § 9711(e)(2). [14] 42 Pa.C.S. § 9711(e)(3). [15] 42 Pa.C.S. § 9711(e)(5). [16] See 42 Pa.C.S. § 9711(h)(4). [1] The motion in limine and the trial court's ruling also applied to a second prosecution witness who did not participate in the murders, but who entered into a plea agreement with the Commonwealth in a separate case in exchange for his testimony against DeJesus. [2] The trial court also sustained defense counsel's objection to the following question asked of the second prosecution witness: "Did you tell the polic

2002The trial court also sustained defense counsel’s objection to the following question asked of the second prosecution witness: "Did you tell the police at the time the whole truth about what you knew?" DeJesus, 787 A.2d at 411 (quoting N.T., 7/28/99, at 44).

12002–2002
Commonwealth v. Bronshtein green
pa · 1997
2 sentences

2000The trial court sustained defense counsel’s objection and instructed the prosecutor to “give up the sympathy provoking argument and go on.” Id.

2000The trial court sustained defense counsel's objection and instructed the prosecutor to "give up the sympathy provoking argument and go on." Id.

12000–2000
Commonwealth v. Holmes green
pa · 1983
2 sentences

1991See: Commonwealth v. Pyett, 372 Pa.Super. 291, 294 , 539 A.2d 444, 445 (1988); Commonwealth v. Holmes, 315 Pa.Super. 256 , 461 A.2d 1268 (1983) (en banc).

1991See: Commonwealth v. Pyett, 372 Pa.Super. 291, 294 , 539 A.2d 444, 445 (1988); Commonwealth v. Holmes, 315 Pa.Super. 256 , 461 A.2d 1268 (1983) (en banc).

11991–1991
Commonwealth v. Kerr green
pasuperct · 1942
2 sentences

1979In Commonwealth v. Kerr, 150 Pa.Super. 598 , 29 A.2d 340 (1942), the trial court sustained a defense demurrer to the evidence.

1979In Commonwealth v. Kerr, 150 Pa.Super. 598 , 29 A.2d 340 (1942), the trial court sustained a defense demurrer to the evidence.

11979–1979
Commonwealth v. Peterson green
pa · 1973
2 sentences

1978Commonwealth v. Peterson, 453 Pa. 187 , 307 A.2d 264 (1973). 3 .

1978Commonwealth v. Peterson, 453 Pa. 187 , 307 A.2d 264 (1973). 3 .

11978–1978
Commonwealth v. Shaffer green
pa · 1972
2 sentences

1974In Commonwealth v. Shaffer, 447 Pa. 91 , 288 A.2d 727 , cert. denied, 409 U. S. 867 (1972), a mistrial had been declared over defendant’s objection, after the introduction of evidence in chief had been completed by both sides, on the basis of an Improper comment of the assistant district attorney.

1974In Commonwealth v. Shaffer, 447 Pa. 91 , 288 A.2d 727 , cert. denied, 409 U. S. 867 (1972), a mistrial had been declared over defendant’s objection, after the introduction of evidence in chief had been completed by both sides, on the basis of an Improper comment of the assistant district attorney.

11974–1974
Commonwealth v. Wideman green
pa · 1973
2 sentences

1974This Court sustained the claim of double jeopardy, holding that “a trial judge’s convenience does not constitute ‘manifest necessity’ in the constitutional sense.” 453 Pa. at 122 , 306 A.2d at 895-96 .

1974This Court sustained the claim of double jeopardy, holding that “a trial judge’s convenience does not constitute ‘manifest necessity’ in the constitutional sense.” 453 Pa. at 122 , 306 A.2d at 895-96 .

11974–1974
Crow v. Eyman green
scotus · 1972
2 sentences

1974In Commonwealth v. Shaffer, 447 Pa. 91 , 288 A.2d 727 , cert. denied, 409 U.S. 867 (1972), a mistrial had been declared over defendant's objection, after the introduction of evidence in chief had been completed by both sides, on the basis of an improper comment of the assistant district attorney.

1974In Commonwealth v. Shaffer, 447 Pa. 91 , 288 A.2d 727 , cert. denied, 409 U. S. 867 (1972), a mistrial had been declared over defendant’s objection, after the introduction of evidence in chief had been completed by both sides, on the basis of an Improper comment of the assistant district attorney.

11974–1974
Commonwealth v. D'ANGELO green
pa · 1970
2 sentences

1973In Commonwealth v. D'Angelo, 437 Pa. 331 , 263 A. 2d 441 (1970), this Court sustained a challenge to a search warrant when it was later established that the police officer-affiant knowingly falsified a material statement in the affidavit supporting the warrant.

1973In Commonwealth v. D'Angelo, 437 Pa. 331 , 263 A. 2d 441 (1970), this Court sustained a challenge to a search warrant when it was later established that the police officer-affiant knowingly falsified a material statement in the affidavit supporting the warrant.

11973–1973
Johnson v. Muelberger green
scotus · 1951
1 sentence

1958We agree with appellants that this claim is governed by the law of New Jersey, irrespective of whether it arises ont of a decree of the New Jersey Court of Chancery, which is entitled to full faith and credit under Article IY, §1 of the Constitution of the United States: Sherrer v. Sherrer, 334 U. S. 343 ; Coe v. Coe, 334 U. S. 378 ; Johnson v. Muelberger, 340 U. S. 581 ; or out of a contract executed in New Jersey by residents thereof ': Linn v. Employers Reinsurance.

11958–1958
Coe v. Coe green
scotus · 1948
1 sentence

1958We agree with appellants that this claim is governed by the law of New Jersey, irrespective of whether it arises ont of a decree of the New Jersey Court of Chancery, which is entitled to full faith and credit under Article IY, §1 of the Constitution of the United States: Sherrer v. Sherrer, 334 U. S. 343 ; Coe v. Coe, 334 U. S. 378 ; Johnson v. Muelberger, 340 U. S. 581 ; or out of a contract executed in New Jersey by residents thereof ': Linn v. Employers Reinsurance.

11958–1958
Sherrer v. Sherrer green
scotus · 1948
1 sentence

1958We agree with appellants that this claim is governed by the law of New Jersey, irrespective of whether it arises ont of a decree of the New Jersey Court of Chancery, which is entitled to full faith and credit under Article IY, §1 of the Constitution of the United States: Sherrer v. Sherrer, 334 U. S. 343 ; Coe v. Coe, 334 U. S. 378 ; Johnson v. Muelberger, 340 U. S. 581 ; or out of a contract executed in New Jersey by residents thereof ': Linn v. Employers Reinsurance.

11958–1958
Hartman's Estate (No. 2) green
pa · 1935
2 sentences

1943In Hartman’s Estate (No. 2), 320 Pa. 331 , 182 A. 232 , a woman executed a deed conveying a part of her real estate to a certain grantee; the deed provided that possession of the property should be retained by her during her lifetime and should pass at her decease to the grantee.

1943In Hartman’s Estate (No. 2), 320 Pa. 331 , 182 A. 232 , a woman executed a deed conveying a part of her real estate to a certain grantee; the deed provided that possession of the property should be retained by her during her lifetime and should pass at her decease to the grantee.

11943–1943
Commonwealth ex rel. Fertig v. Patton green
pa · 1879
1 sentence

1942Section 7 was next before the Court in Commonwealth v. Patton, 88 Pa. 258 (1879).

11942–1942
Keller v. Ashford green
scotus · 1890
1 sentence

1914Thus applying the equitable doctrine that a creditor may avail himself of any security which his debtor holds from a third person for the payment of a debt: Kelly v. Ashford, 133 U. S. 610 .

11914–1914
Merriman v. Moore green
pa · 1879
1 sentence

1914In this state, in Blood v. Crew, etc., Co., supra, the mortgagee proceeded against the grantee on the covenant in the deed; and from the authorities there cited this is sustained on the principle “that a party may sue on a promise made on sufficient consideration for his use and benefit, though it be made to another and not to himself:” Merriman v. Moore, 90 Pa. 78 .

11914–1914
Cummings v. Gann green
pa · 1866
11910–1910
Harrisburg Bank v. Forster neutral
pa · 1839
11910–1910
Richardson v. . Hughitt neutral
ny · 1879
11892–1892

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 2502 (3) PA § 42 Pa. Cons. Stat. § 9545 (3) PA § 42 Pa. Cons. Stat. § 9711 (3)

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.

Where else courts name it

LA 114 (1897–2025) NY 68 (1916–2024) IL 67 (1898–2025) CA 60 (1984–2026) TX 49 (1891–2025) OH 25 (1999–2024) PA 25 (1892–2024) MI 18 (1901–2025) WA 16 (1922–2024) FL 15 (1993–2021) GA 12 (1981–2026) MS 11 (1959–2024) MD 10 (1934–2013) NC 10 (1890–2023) AL 9 (1987–2013) NJ 8 (1900–2014) MO 8 (1885–1995) OK 7 (1930–2009) TN 7 (1926–2015) MN 6 (1901–2007) KY 6 (1908–2025) CT 6 (1941–2025) IA 5 (1908–2026) KS 5 (1986–2024) VA 5 (1908–1985) WV 4 (1936–1974) CO 4 (2022–2025) AZ 4 (1994–2022) HI 4 (1944–2019) SC 3 (1912–2006) AR 3 (1918–2012) NM 3 (1946–1946) DC 3 (1976–2016) IN 3 (1861–1892) ID 3 (1972–2010) MA 2 (1961–1986) ND 2 (1911–1940) MT 2 (1895–1897) AK 2 (1982–2021) WI 2 (1899–2022) UT 2 (1917–2018) OR 2 (2006–2026)

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.

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