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24 Pennsylvania opinions name it 3 courts 1982–2023 4 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. Tedfordgreen2 sentences2018Tedford, 960 A.2d at 31-32 (citations and internal quotation marks omitted). 2017Commonwealth v. Tedford, 960 A.2d 1 , 31–32 (Pa. 2008). | 2 | 3 |
Commonwealth v. Clancy, J., Aplt.green2 sentences2023Burno, 94 A.3d at 974 (citation omitted); see also Commonwealth v. Clancy, 192 A.3d 44, 61 (Pa. 2018) (appellate court “must consider whether the contested remarks constitute a fair response to the arguments of the defense”). 2022In a criminal trial, “the prosecutor must be free to argue that the facts of record establish every element of the crime charged, and must be free to respond fairly to the arguments of the defense.” Commonwealth v. Clancy, 192 A.3d 44 , 65 (Pa. 2018). | 2 | 2 |
Commonwealth v. Burnogreen1 sentence2023Burno, 94 A.3d at 974 (citation omitted); see also Commonwealth v. Clancy, 192 A.3d 44, 61 (Pa. 2018) (appellate court “must consider whether the contested remarks constitute a fair response to the arguments of the defense”). | 1 | 1 |
Com. v. Crumbley, T.green1 sentence2022“An abuse of discretion may not be found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such a lack of support so as to be clearly erroneous.” Commonwealth v. Jones, 240 A.3d 881 , 889 (Pa. 2020). -6- J-A14030-22 In a criminal trial, “the prosecutor must be free to argue that the facts of record establish every element of the crime charged and must be free to respond fairly to the arguments of the defense.” Commonwealth v. Crumbley, 270 A.3d 1171, 1182 (Pa. Super. 2 | 1 | 1 |
Commonwealth v. Millergreen1 sentence2020See Commonwealth v. Miller, 172 A.3d 632, 644 ( Pa. Super. | 1 | 1 |
Com. v. PLSgreen1 sentence2020Moreover, this Court has approved a sentencing court’s consideration of uncharged criminal conduct when imposing sentence, so long as there is an “evidentiary link between the defendant and the uncharged prior conduct.” Commonwealth v. P.L.S., 894 A.2d 120, 131 (Pa. Super. 2006). - 28 - J-A19034-20 Here, the Commonwealth’s discussion of Appellant’s prior arrests and disciplinary records was in direct response to the following arguments by defense counsel, attempting to minimize both this crime and Appellant’s prior record: (1) Appellant did not “physically attack” the victim or “hurt her in an | 1 | 1 |
Commonwealth v. Hogentoglergreen1 sentence2019See Hogentogler, 53 A.3d at 878 . | 1 | 1 |
Gwin Engineers, Inc. v. Cricket Club Estates Development Groupgreen1 sentence2018Id. at 1330. | 1 | 1 |
Commonwealth v. Jacobsgreen1 sentence2018Cf. Commonwealth v. Jacobs, 900 A.2d 368, 372 (Pa. Super. 2006) (en banc) (noting “[v]arious types of claims do implicate the legality of the sentence, because they implicate the trial court’s statutory authority to impose a certain sentence”). | 1 | 1 |
Commonwealth v. Jonesgreen1 sentence2017See Commonwealth v. Jones, 683 A.2d 1181 , I''l l' ! 1199 (Pa.1996). | 1 | 1 |
Commonwealth v. Simmonsgreen2 sentences2014Overruling of Objection to Commonwealth Bolstering It is well settled in the Pennsylvania courts that as long as a prosecutor does not assert personal opinions, he or she may, within reasonable limits, comment on the credibility of a Commonwealth witness.'· Our Supreme Court has opined that this is especially true when the credibility of the witness has been previously attacked by the defense." Such commentary is proper because the prosecutor is permitted to respond "Com. v. Simmons, 662 A.2d 621, 639 (Pa. 1995). " Id. 13 Circulated 11/24/2014 12:27 PM to the arguments of the defense and "is f 2014Overruling of Objection to Commonwealth Bolstering It is well settled in the Pennsylvania courts that as long as a prosecutor does not assert personal opinions, he or she may, within reasonable limits, comment on the credibility of a Commonwealth witness.'· Our Supreme Court has opined that this is especially true when the credibility of the witness has been previously attacked by the defense." Such commentary is proper because the prosecutor is permitted to respond "Com. v. Simmons, 662 A.2d 621, 639 (Pa. 1995). " Id. 13 Circulated 11/24/2014 12:27 PM to the arguments of the defense and "is f | 1 | 1 |
Commonwealth v. Whitneygreen2 sentences2012We contrasted Brown’s circumstances with those in Commonwealth v. Whitney, 511 Pa. 232 , 512 A.2d 1152, 1159-60 (1986), wherein we held that a prosecutor’s biblical invocation of the “Prince of Darkness” was permissible because it was responsive to the arguments of defense counsel. 2012We contrasted Brown’s circumstances with those in Commonwealth v. Whitney, 511 Pa. 232 , 512 A.2d 1152, 1159-60 (1986), wherein we held that a prosecutor’s biblical invocation of the “Prince of Darkness” was permissible because it was responsive to the arguments of defense counsel. | 1 | 1 |
Commonwealth v. Larkgreen2 sentences2011Id. at 46-47. 2011Id. at 46-47. | 1 | 1 |
Commonwealth v. Koehlergreen2 sentences2008This stems from the general principle that the prosecutor is permitted to respond to the arguments of the defense and “is free to present his or her case with logical force and vigor.” Commonwealth v. Koehler, 558 Pa. 334 , 737 A.2d 225, 240 (1999). 2008This stems from the general principle that the prosecutor is permitted to respond to the arguments of the defense and “is free to present his or her case with logical force and vigor.” Commonwealth v. Koehler, 558 Pa. 334 , 737 A.2d 225, 240 (1999). | 1 | 1 |
Commonwealth v. Tanngreen2 sentences2008Of course, improper commentary on a witness’ credibility may be achieved through means other than the prosecutor’s own statements, such as eliciting improper comments from a Commonwealth witness, see Commonwealth v. Tann, 500 Pa. 593 , 459 A.2d 322, 328 (1983), or by admitting the plea agreements of Commonwealth witnesses into evidence to vouch for their credibility, see Commonwealth v. Bricker, 525 Pa. 362 , 581 A.2d 147, 154-55 (1990) (“[B]y admitting into evidence [the plea] agreements that vouch for their credibility, the government was testifying sub silentio that ‘just this once’ these l 2008Of course, improper commentary on a witness’ credibility may be achieved through means other than the prosecutor’s own statements, such as eliciting improper comments from a Commonwealth witness, see Commonwealth v. Tann, 500 Pa. 593 , 459 A.2d 322, 328 (1983), or by admitting the plea agreements of Commonwealth witnesses into evidence to vouch for their credibility, see Commonwealth v. Bricker, 525 Pa. 362 , 581 A.2d 147, 154-55 (1990) (“[B]y admitting into evidence [the plea] agreements that vouch for their credibility, the government was testifying sub silentio that ‘just this once’ these l | 1 | 1 |
Commonwealth v. Brickergreen2 sentences2008Of course, improper commentary on a witness’ credibility may be achieved through means other than the prosecutor’s own statements, such as eliciting improper comments from a Commonwealth witness, see Commonwealth v. Tann, 500 Pa. 593 , 459 A.2d 322, 328 (1983), or by admitting the plea agreements of Commonwealth witnesses into evidence to vouch for their credibility, see Commonwealth v. Bricker, 525 Pa. 362 , 581 A.2d 147, 154-55 (1990) (“[B]y admitting into evidence [the plea] agreements that vouch for their credibility, the government was testifying sub silentio that ‘just this once’ these l 2008Of course, improper commentary on a witness’ credibility may be achieved through means other than the prosecutor’s own statements, such as eliciting improper comments from a Commonwealth witness, see Commonwealth v. Tann, 500 Pa. 593 , 459 A.2d 322, 328 (1983), or by admitting the plea agreements of Commonwealth witnesses into evidence to vouch for their credibility, see Commonwealth v. Bricker, 525 Pa. 362 , 581 A.2d 147, 154-55 (1990) (“[B]y admitting into evidence [the plea] agreements that vouch for their credibility, the government was testifying sub silentio that ‘just this once’ these l | 1 | 1 |
Commonwealth v. Claytongreen2 sentences1995In addition, comments made by the prosecutor must be viewed within the context of defense counsel's conduct, Commonwealth v. Clayton, 516 Pa. 263, 285 , 532 A.2d 385, 396 (1987), cert. denied, 485 U.S. 929 , 108 S.Ct. 1098 , 99 L.Ed.2d 261 (1988), and a prosecutor is entitled to counter the arguments of defense counsel with comments that may otherwise be improper. 1995In addition, comments made by the prosecutor must be viewed within the context of defense counsel's conduct, Commonwealth v. Clayton, 516 Pa. 263, 285 , 532 A.2d 385, 396 (1987), cert. denied, 485 U.S. 929 , 108 S.Ct. 1098 , 99 L.Ed.2d 261 (1988), and a prosecutor is entitled to counter the arguments of defense counsel with comments that may otherwise be improper. | 1 | 1 |
Commonwealth v. Grahamgreen2 sentences1995See Commonwealth v. Graham, 522 Pa. 115 , 123 n. 6, 560 A.2d 129 , 133 n. 6 (1989). 1995See Commonwealth v. Graham, 522 Pa. 115 , 123 n. 6, 560 A.2d 129 , 133 n. 6 (1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McFeeley, L. v. Shah, S.
green
2 sentences2023One of the plaintiff’s arguments was a claim that “the trial court erred in concluding that [the radiologist expert for the defense] qualified as an expert for causation purposes under the MCARE Act standard.” Id. at 597 . 2023A panel of this Court concluded “the trial court properly held [the radiologist] possessed the necessary qualifications to interpret radiology reports related to the gastrointestinal tract so as to provide competent testimony related to causation.” McFeeley, 226 A.3d at 598 . | 1 | 2023–2023 |
United States v. Robinson
green
1 sentence2020However, in United States v. Robinson, 485 U.S. 25 (1988), the Supreme Court ruled that references to a defendant’s failure to testify at trial did not violate the Fifth Amendment right recognized in Griffin, in circumstances where the prosecutor was fairly responding to the arguments of defense counsel. | 1 | 2020–2020 |
Jacobs v. Halloran
green
1 sentence2019He contends that his motion was “promptly filed given [his] counsel’s only very recent discovery of the fact that a judgment of non pros, rather than a non suit, was entered upon [Appellant’s] claims.” Id. | 1 | 2019–2019 |
Commonwealth v. Harris
green
1 sentence2016See Chmiel, supra; Harris, supra. Therefore, the trial court acted well within its discretion when it denied Appellant’s request for a mistrial. | 1 | 2016–2016 |
Town of McCandless v. McCandless Police Officers Ass'n
green
1 sentence2013Addressing this ultimate issue first requires that the court analyze the interplay of three distinct legal concepts: the scope of this court’s review, and standard of review this court must apply, and the deference the arbitration panel was required to show to the PICA plan. 2 Therefore, before reaching the merits of the parties’ arguments and an analysis of the factual record, the court feels it is necessarily to clarify and distinguish between these three concepts. “‘Scope of review’ refers to the confines within which the court must conduct its examination.” Town of McCandless v. McCandless | 1 | 2013–2013 |
Commonwealth v. Henry
green
2 sentences1998This Court addressed another Bible reference by an assistant district attorney in Commonwealth v. Henry, 524 Pa. 135 , 569 A.2d 929 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991), in which a prosecutor made remarks similar to those we permitted in Whitney . 1998This Court addressed another Bible reference by an assistant district attorney in Commonwealth v. Henry, 524 Pa. 135 , 569 A.2d 929 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991), in which a prosecutor made remarks similar to those we permitted in Whitney . | 1 | 1998–1998 |
Caro v. United States
green
1 sentence1998This Court addressed another Bible reference by an assistant district attorney in Commonwealth v. Henry, 524 Pa. 135 , 569 A.2d 929 (1990), cert. denied, 499 U.S. 931 , 111 S.Ct. 1338 , 113 L.Ed.2d 269 (1991), in which a prosecutor made remarks similar to those we permitted in Whitney . | 1 | 1998–1998 |
Williamson v. Florida
green
1 sentence1995In addition, comments made by the prosecutor must be viewed within the context of defense counsel's conduct, Commonwealth v. Clayton, 516 Pa. 263, 285 , 532 A.2d 385, 396 (1987), cert. denied, 485 U.S. 929 , 108 S.Ct. 1098 , 99 L.Ed.2d 261 (1988), and a prosecutor is entitled to counter the arguments of defense counsel with comments that may otherwise be improper. | 1 | 1995–1995 |
Commonwealth v. Cronin
green
2 sentences1982Commonwealth v. Smith, 490 Pa. 380 , 416 A.2d 986 (1980); Commonwealth v. Cronin, 464 Pa. 138 , 346 A.2d 59 (1975). 1982Commonwealth v. Smith, 490 Pa. 380 , 416 A.2d 986 (1980); Commonwealth v. Cronin, 464 Pa. 138 , 346 A.2d 59 (1975). | 1 | 1982–1982 |
Commonwealth v. Smith
green
2 sentences1982Commonwealth v. Smith, 490 Pa. 380 , 416 A.2d 986 (1980); Commonwealth v. Cronin, 464 Pa. 138 , 346 A.2d 59 (1975). 1982Commonwealth v. Smith, 490 Pa. 380 , 416 A.2d 986 (1980); Commonwealth v. Cronin, 464 Pa. 138 , 346 A.2d 59 (1975). | 1 | 1982–1982 |
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.