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22 Pennsylvania opinions name it 3 courts 1974–2024 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 |
|---|---|---|
Marrero Ex Rel. Tabalas v. Com.green2 sentences2017Rather than analyze the Baker factors anew, however, the Commonwealth Court found that the question of justiciability was controlled by this Court’s decision in Marrero v. Commonwealth, 559 Pa. 14 , 739 A.2d 110 (1999) (“Marrero II"), which relied primarily upon Danson v. Casey, 484 Pa. 415 , 399 A.2d 360 (1979). 2017Rather than analyze the Baker factors anew, however, the Commonwealth Court found that the question of justiciability was controlled by this Court’s decision in Marrero v. Commonwealth, 559 Pa. 14 , 739 A.2d 110 (1999) (“Marrero II"), which relied primarily upon Danson v. Casey, 484 Pa. 415 , 399 A.2d 360 (1979). | 2 | 2 |
Robinson Township v. Commonwealthgreen2 sentences2017Dist., 114 A.3d at 462 (citing Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698 (1977), and quoting Robinson Twp. v. Commonwealth, 623 Pa. 564, 608-09 , 83 A.3d 901, 928 (2013)). 5 Rather than analyzing the Baker factors, however, the Commonwealth. 2017Dist., 114 A.3d at 462 (citing Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698 (1977), and quoting Robinson Twp. v. Commonwealth, 623 Pa. 564, 608-09 , 83 A.3d 901, 928 (2013)). 5 Rather than analyzing the Baker factors, however, the Commonwealth. | 2 | 2 |
Zemprelli v. Danielsgreen2 sentences2017We have held that, “[i]n contrast to the federal approach, notions of case or controversy and justiciability have no constitutional predicate, do not involve a court’s jurisdiction, and are regarded instead as prudential concerns implicating courts’ self-imposed limitations.” Robinson Twp., 83 A.3d at 917 ; 36 see Zemprelli v. Daniels, 496 Pa. 247 , 436 A.2d 1165, 1169 (1981) (quoting Laurence Tribe, American Constitutional Law 79 (1978)) (“Thus the political question doctrine, like other justiciability doctrines, at bottom reflects the mixture of constitutional interpretation and judicial dis 2017We have held that, “[i]n contrast to the federal approach, notions of case or controversy and justiciability have no constitutional predicate, do not involve a court’s jurisdiction, and are regarded instead as prudential concerns implicating courts’ self-imposed limitations.” Robinson Twp., 83 A.3d at 917 ; 36 see Zemprelli v. Daniels, 496 Pa. 247 , 436 A.2d 1165, 1169 (1981) (quoting Laurence Tribe, American Constitutional Law 79 (1978)) (“Thus the political question doctrine, like other justiciability doctrines, at bottom reflects the mixture of constitutional interpretation and judicial dis | 1 | 2 |
Commonwealth v. Braceygreen2 sentences2024See Bracey, 831 A.2d at 682-83 . 2024See Bracey, 831 A.2d at 682-83 . | 1 | 1 |
Commonwealth v. Leanergreen1 sentence2024See Leaner, 202 A.3d at 777 . | 1 | 1 |
Commonwealth v. Bakergreen2 sentences2019“When a sentencing court has reviewed a presentence investigation report, we presume that the court properly considered and weighed all relevant factors - 13 - J-S23001-19 in fashioning the defendant’s sentence.” Commonwealth v. Baker, 72 A.3d 652, 663 (Pa. Super. 2013) (hereinafter, “the Baker presumption”). 2019“When a sentencing court has reviewed a presentence investigation report, we presume that the court properly considered and weighed all relevant factors - 13 - J-S23001-19 in fashioning the defendant’s sentence.” Commonwealth v. Baker, 72 A.3d 652, 663 (Pa. Super. 2013) (hereinafter, “the Baker presumption”). | 1 | 1 |
Commonwealth v. Cicconegreen1 sentence2018Most of Baker’s brief is taken word-for-word from President Judge Emeritus Bender’s dissenting opinion in Commonwealth v. Ciccone, 152 A.3d 1004, 1010 (Pa.Super. 2016) (P.J.E. | 1 | 1 |
Nixon v. United Statesgreen2 sentences2017Id. at 210-11 , 82 S.Ct. 691 ; accord Nixon v. United States, 506 U.S. 224, 228 , 113 S.Ct. 732 , 122 L.Ed.2d 1 (1993); Powell v. McCormack, 395 U.S. 486, 521 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 (1969). “[Deference,” the Court said, “rests on reason, not habit.” Baker, 369 U.S. at 213 , 82 S.Ct. 691 . 35 Although Pennsylvania has employed the Baker factors in its own political question jurisprudence, we mine the doctrine from a different seam. 2017Id. at 210-11 , 82 S.Ct. 691 ; accord Nixon v. United States, 506 U.S. 224, 228 , 113 S.Ct. 732 , 122 L.Ed.2d 1 (1993); Powell v. McCormack, 395 U.S. 486, 521 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 (1969). “[Deference,” the Court said, “rests on reason, not habit.” Baker, 369 U.S. at 213 , 82 S.Ct. 691 . 35 Although Pennsylvania has employed the Baker factors in its own political question jurisprudence, we mine the doctrine from a different seam. | 1 | 1 |
Powell v. McCormackgreen2 sentences2017Id. at 210-11 , 82 S.Ct. 691 ; accord Nixon v. United States, 506 U.S. 224, 228 , 113 S.Ct. 732 , 122 L.Ed.2d 1 (1993); Powell v. McCormack, 395 U.S. 486, 521 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 (1969). “[Deference,” the Court said, “rests on reason, not habit.” Baker, 369 U.S. at 213 , 82 S.Ct. 691 . 35 Although Pennsylvania has employed the Baker factors in its own political question jurisprudence, we mine the doctrine from a different seam. 2017Id. at 210-11 , 82 S.Ct. 691 ; accord Nixon v. United States, 506 U.S. 224, 228 , 113 S.Ct. 732 , 122 L.Ed.2d 1 (1993); Powell v. McCormack, 395 U.S. 486, 521 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 (1969). “[Deference,” the Court said, “rests on reason, not habit.” Baker, 369 U.S. at 213 , 82 S.Ct. 691 . 35 Although Pennsylvania has employed the Baker factors in its own political question jurisprudence, we mine the doctrine from a different seam. | 1 | 1 |
Commonwealth v. Bedfordgreen1 sentence2016See Bedford, 50 A.3d at 716 (“Even if the prosecutor’s arguments are improper, they generally will not form the basis for a new trial unless the comments unavoidably prejudiced the jury and prevented a true verdict.”); cf. Commonwealth v. Culver, 51 A.3d 866 (Pa.Super. 2012) (finding prejudice where prosecutor waived his finger in appellant’s face during - 13 - J-S75022-16 opening and closing statements, mischaracterized testimony during closing arguments, and misrepresented evidence before jury). | 1 | 1 |
Commonwealth v. Lawsongreen2 sentences2013See Commonwealth v. Lawson, 448 Pa.Super. 445, 453 , 671 A.2d 1161, 1165 (1996) ("[T]he identity of illegal narcotic substances may be established by circumstantial evidence alone, without any chemical analysis of the seized contraband.”). . 2013See Commonwealth v. Lawson, 448 Pa.Super. 445, 453 , 671 A.2d 1161, 1165 (1996) ("[T]he identity of illegal narcotic substances may be established by circumstantial evidence alone, without any chemical analysis of the seized contraband.”). . | 1 | 1 |
Commonwealth v. Hopkinsgreen1 sentence2013Commonwealth v. Hopkins, 67 A.3d 817, 821 (Pa.Super.2013). | 1 | 1 |
Commonwealth v. Jaspergreen2 sentences2009We explained that, “[w]e are unwilling to prescribe a per se rule forbidding mention of the appellate process in death penalty cases, since there may be extraordinary circumstances, such as a response to a defense argument, that necessarily entail mention of the appellate process.” Id. at 198. 2009We explained that, "[w]e are unwilling to prescribe a per se rule forbidding mention of the appellate process in death penalty cases, since there may be extraordinary circumstances, such as a response to a defense argument, that necessarily entail mention of the appellate process." Id. at 198. | 1 | 1 |
| Commonwealth v. Henkelgreen | 1 | 1 |
| Borjes v. Wichgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Erie Insurance Exchange v. Baker
red
2 sentences2019Id. at 511 . 2017Id. at 510-11 . | 2 | 2017–2019 |
Sweeney v. Tucker
green
2 sentences2017Dist., 114 A.3d at 462 (citing Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698 (1977), and quoting Robinson Twp. v. Commonwealth, 623 Pa. 564, 608-09 , 83 A.3d 901, 928 (2013)). 5 Rather than analyzing the Baker factors, however, the Commonwealth. 2017Dist., 114 A.3d at 462 (citing Sweeney v. Tucker, 473 Pa. 493 , 375 A.2d 698 (1977), and quoting Robinson Twp. v. Commonwealth, 623 Pa. 564, 608-09 , 83 A.3d 901, 928 (2013)). 5 Rather than analyzing the Baker factors, however, the Commonwealth. | 2 | 2017–2017 |
Danson v. Casey
green
2 sentences2017Rather than analyze the Baker factors anew, however, the Commonwealth Court found that the question of justiciability was controlled by this Court’s decision in Marrero v. Commonwealth, 559 Pa. 14 , 739 A.2d 110 (1999) (“Marrero II"), which relied primarily upon Danson v. Casey, 484 Pa. 415 , 399 A.2d 360 (1979). 2017Rather than analyze the Baker factors anew, however, the Commonwealth Court found that the question of justiciability was controlled by this Court’s decision in Marrero v. Commonwealth, 559 Pa. 14 , 739 A.2d 110 (1999) (“Marrero II"), which relied primarily upon Danson v. Casey, 484 Pa. 415 , 399 A.2d 360 (1979). | 2 | 2017–2017 |
Marrero by Tabales v. Com.
green
2 sentences2017In particular, the' Commonwealth Court determined' that the Education Clause places sole responsibility for maintaining the state’s public school system in the hands of the Legislature and, as such, questions relating to what constitutes an “adequate” education or how much funding is needed are exclusively within the General Assembly’s purview and “are not subject to intervention by the judicial branch[.-]” Marrero I, 709 A.2d at 965-66 . 2017In particular, the Commonwealth Court determined that the Education Clause places sole responsibility for maintaining the state’s public school system in the hands of the Legislature and, as [J-82-2016] [M.O. - Wecht, J.] - 22 such, questions relating to what constitutes an “adequate” education or how much funding is needed are exclusively within the General Assembly’s purview and “are not subject to intervention by the judicial branch[.]” Marrero I, 709 A.2d at 965-66 . | 2 | 2017–2017 |
Goebert v. Ondek
green
2 sentences1995In Dintzis , we pointed out that in Ritter v. Commonwealth, 120 Pa.Commonwealth Ct. 374, 548 A.2d 1317 (1988), aff'd per curiam, 521 Pa. 536 , 557 A.2d 1064 (1989), this court, employing the Baker standard, held that the Pennsylvania House of Representatives has exclusive power over its internal affairs and proceedings and that we would not review the legislature’s internal affairs. 1995In Dintzis , we pointed out that in Ritter v. Commonwealth, 120 Pa.Commonwealth Ct. 374, 548 A.2d 1317 (1988), aff'd per curiam, 521 Pa. 536 , 557 A.2d 1064 (1989), this court, employing the Baker standard, held that the Pennsylvania House of Representatives has exclusive power over its internal affairs and proceedings and that we would not review the legislature’s internal affairs. | 2 | 1992–1995 |
Ritter v. Commonwealth
green
2 sentences1995In Dintzis , we pointed out that in Ritter v. Commonwealth, 120 Pa.Commonwealth Ct. 374, 548 A.2d 1317 (1988), aff'd per curiam, 521 Pa. 536 , 557 A.2d 1064 (1989), this court, employing the Baker standard, held that the Pennsylvania House of Representatives has exclusive power over its internal affairs and proceedings and that we would not review the legislature’s internal affairs. 1995In Dintzis , we pointed out that in Ritter v. Commonwealth, 120 Pa.Commonwealth Ct. 374, 548 A.2d 1317 (1988), aff'd per curiam, 521 Pa. 536 , 557 A.2d 1064 (1989), this court, employing the Baker standard, held that the Pennsylvania House of Representatives has exclusive power over its internal affairs and proceedings and that we would not review the legislature’s internal affairs. | 2 | 1992–1995 |
Ritter v. Commonwealth
green
2 sentences1995In Dintzis , we pointed out that in Ritter v. Commonwealth, 120 Pa.Commonwealth Ct. 374, 548 A.2d 1317 (1988), aff'd per curiam, 521 Pa. 536 , 557 A.2d 1064 (1989), this court, employing the Baker standard, held that the Pennsylvania House of Representatives has exclusive power over its internal affairs and proceedings and that we would not review the legislature’s internal affairs. 1995In Dintzis , we pointed out that in Ritter v. Commonwealth, 120 Pa.Commonwealth Ct. 374, 548 A.2d 1317 (1988), aff'd per curiam, 521 Pa. 536 , 557 A.2d 1064 (1989), this court, employing the Baker standard, held that the Pennsylvania House of Representatives has exclusive power over its internal affairs and proceedings and that we would not review the legislature’s internal affairs. | 2 | 1992–1995 |
Commonwealth v. Finley
green
1 sentence2024Additionally, Appellant’s appointed counsel, Matthew Parson, Esq., has filed an application to withdraw as counsel and a no-merit brief.1 Upon careful review, we affirm and grant counsel’s application to withdraw. ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 Attorney Parson titled the brief “Anders/Baker brief” and referenced Anders v. California, 386 U.S. 738 (1967) (setting forth the requirements for counsel to withdraw when a direct appeal is wholly frivolous) instead of filing a no-merit brief pursuant to Commonwealth v. Turner, | 1 | 2024–2024 |
Anders v. California
green
1 sentence2024Additionally, Appellant’s appointed counsel, Matthew Parson, Esq., has filed an application to withdraw as counsel and a no-merit brief.1 Upon careful review, we affirm and grant counsel’s application to withdraw. ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 Attorney Parson titled the brief “Anders/Baker brief” and referenced Anders v. California, 386 U.S. 738 (1967) (setting forth the requirements for counsel to withdraw when a direct appeal is wholly frivolous) instead of filing a no-merit brief pursuant to Commonwealth v. Turner, | 1 | 2024–2024 |
Commonwealth v. Turner
green
1 sentence2024Additionally, Appellant’s appointed counsel, Matthew Parson, Esq., has filed an application to withdraw as counsel and a no-merit brief.1 Upon careful review, we affirm and grant counsel’s application to withdraw. ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 Attorney Parson titled the brief “Anders/Baker brief” and referenced Anders v. California, 386 U.S. 738 (1967) (setting forth the requirements for counsel to withdraw when a direct appeal is wholly frivolous) instead of filing a no-merit brief pursuant to Commonwealth v. Turner, | 1 | 2024–2024 |
Commonwealth v. Derrickson
green
2 sentences2023Derrickson, supra. Because we likewise lack jurisdiction, see id., we affirm the PCRA court’s order denying Baker post-conviction relief. 2023Derrickson, supra. Because we likewise lack jurisdiction, see id., we affirm the PCRA court’s order denying Baker post-conviction relief. | 1 | 2023–2023 |
Mikulsky v. Northtec, Inc.
green
1 sentence2018Bender, dissenting), appeal denied, 169 A.3d 564 (Pa. 2017). | 1 | 2018–2018 |
Baker v. Carr
green
2 sentences2017Id. at 210-11 , 82 S.Ct. 691 ; accord Nixon v. United States, 506 U.S. 224, 228 , 113 S.Ct. 732 , 122 L.Ed.2d 1 (1993); Powell v. McCormack, 395 U.S. 486, 521 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 (1969). “[Deference,” the Court said, “rests on reason, not habit.” Baker, 369 U.S. at 213 , 82 S.Ct. 691 . 35 Although Pennsylvania has employed the Baker factors in its own political question jurisprudence, we mine the doctrine from a different seam. 2017Id. at 210-11 , 82 S.Ct. 691 ; accord Nixon v. United States, 506 U.S. 224, 228 , 113 S.Ct. 732 , 122 L.Ed.2d 1 (1993); Powell v. McCormack, 395 U.S. 486, 521 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 (1969). “[Deference,” the Court said, “rests on reason, not habit.” Baker, 369 U.S. at 213 , 82 S.Ct. 691 . 35 Although Pennsylvania has employed the Baker factors in its own political question jurisprudence, we mine the doctrine from a different seam. | 1 | 2017–2017 |
Commonwealth v. Culver
green
1 sentence2016See Bedford, 50 A.3d at 716 (“Even if the prosecutor’s arguments are improper, they generally will not form the basis for a new trial unless the comments unavoidably prejudiced the jury and prevented a true verdict.”); cf. Commonwealth v. Culver, 51 A.3d 866 (Pa.Super. 2012) (finding prejudice where prosecutor waived his finger in appellant’s face during - 13 - J-S75022-16 opening and closing statements, mischaracterized testimony during closing arguments, and misrepresented evidence before jury). | 1 | 2016–2016 |
Commonwealth v. Rodriguez
green
2 sentences2014Three years later, in Commonwealth v. Rodriguez, 526 Pa. 268 , 585 A.2d 988 (1991), a case decided under the Fourth Amendment, we relied on Baker’s analysis to hold that another vehicular search, with yet again very different circumstances, was proper. 2014Three years later, in Commonwealth v. Rodriguez, 526 Pa. 268 , 585 A.2d 988 (1991), a case decided under the Fourth Amendment, we relied on Baker’s analysis to hold that another vehicular search, with yet again very different circumstances, was proper. | 1 | 2014–2014 |
| Com. v. POSTLEY green | 1 | 2008–2008 |
Commonwealth v. Mawhinney
green
1 sentence2008Pa.R.A.P. 302; 7 Pa.R.Crim.P. 720(b)(1)(C); 8 Commonwealth v. Henkel, 938 A.2d 433, 445 (Pa.Super.2007), appeal denied by 955 A.2d 356 (Pa.2008); Commonwealth v. Mawhinney, 915 A.2d 107 , 109 fn. 1 (Pa.Super.2006), appeal denied, 594 Pa. 677 , 932 A.2d 1287 (2007). ¶ 12 Baker also argues that it was error for the trial court to allow the Commonwealth to play a DVD of a child, on rebuttal, as a prior consistent statement. | 1 | 2008–2008 |
Com. v. GIANQUITTO-CANNON
green
1 sentence2008Pa.R.A.P. 302; 7 Pa.R.Crim.P. 720(b)(1)(C); 8 Commonwealth v. Henkel, 938 A.2d 433, 445 (Pa.Super.2007), appeal denied by 955 A.2d 356 (Pa.2008); Commonwealth v. Mawhinney, 915 A.2d 107 , 109 fn. 1 (Pa.Super.2006), appeal denied, 594 Pa. 677 , 932 A.2d 1287 (2007). ¶ 12 Baker also argues that it was error for the trial court to allow the Commonwealth to play a DVD of a child, on rebuttal, as a prior consistent statement. | 1 | 2008–2008 |
| Baker v. ACandS green | 1 | 2007–2007 |
| Commonwealth v. Baker green | 1 | 2003–2003 |
| cluster 714797 green | 1 | 1999–1999 |
| Baker v. Lafayette College green | 1 | 1999–1999 |
| In Re Joint E. & S. Dist. Asbestos Litigation green | 1 | 1999–1999 |
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.