22 Pennsylvania opinions name it 5 courts 1991–2024 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 |
|---|---|---|
Commonwealth v. Houtzgreen2 sentences2020See Commonwealth v. Brazil, [] 701 A.2d 216 ([Pa.] 1997) (granting new trial for defective waiver colloquy without analyzing whether the appellant suffered prejudice); Houtz, 856 A.2d at 130 (same). 2016See Commonwealth v. Brazil, 549 Pa. 321 , 701 A.2d 216 (1997) (granting new trial for defective waiver colloquy without analyzing whether the appellant suffered prejudice); Houtz, 856 A.2d at 130 (same). | 4 | 4 |
Commonwealth v. Brazilgreen2 sentences2020See Commonwealth v. Brazil, [] 701 A.2d 216 ([Pa.] 1997) (granting new trial for defective waiver colloquy without analyzing whether the appellant suffered prejudice); Houtz, 856 A.2d at 130 (same). 2016See Commonwealth v. Brazil, 549 Pa. 321 , 701 A.2d 216 (1997) (granting new trial for defective waiver colloquy without analyzing whether the appellant suffered prejudice); Houtz, 856 A.2d at 130 (same). | 3 | 4 |
Coady v. Vaughngreen1 sentence2024We agree. 6 “A proceeding in mandamus is an extraordinary action at common law designed to compel performance of a ministerial act or mandatory duty where there exists a clear legal right in the [petitioner], a corresponding duty in the [respondent], and want of any other adequate and appropriate remedy.” Coady v. Vaughn, 770 A.2d 287, 289 (Pa. 2001). | 1 | 1 |
Homa v. Pa. Bd. of Prob. & Parolegreen1 sentence2024See Homa 192 A.3d at 334 (holding that the inmate had no clear legal right to be paroled after his RRRI minimum sentence expired and dismissing his mandamus petition). | 1 | 1 |
Upper Salford Township v. Collinsgreen1 sentence2024See Gray v. Hafer, 651 A.2d 221, 225 (Pa. Cmwlth. 1994), aff’d, 669 A.2d 335 (Pa. 1995) (granting a petitioner leave to amend his petition for review to state more specific facts in support of his claim under the Whistleblower Law). 12 Rule 2 E(3) of the Ethical and Professional Conduct Rules of the House of Representatives states “[n]o House employee may be required to perform any task unrelated to the House employee’s official duties, on House work time or the employee’s own time, as a condition of employment or continued employment.” Rule 2 E(3), https//:www.house.state.pa.us/rules.cfm (las | 1 | 1 |
Gray v. Hafergreen1 sentence2024See Gray v. Hafer, 651 A.2d 221, 225 (Pa. Cmwlth. 1994), aff’d, 669 A.2d 335 (Pa. 1995) (granting a petitioner leave to amend his petition for review to state more specific facts in support of his claim under the Whistleblower Law). 12 Rule 2 E(3) of the Ethical and Professional Conduct Rules of the House of Representatives states “[n]o House employee may be required to perform any task unrelated to the House employee’s official duties, on House work time or the employee’s own time, as a condition of employment or continued employment.” Rule 2 E(3), https//:www.house.state.pa.us/rules.cfm (las | 1 | 1 |
Highley v. Pa. Dep't of Transp.green1 sentence2023In response, M.T. asserts that the statute of conviction, former Utah Code § 76- 5a-3(1)(a), has been “repeal[ed]” and, as a result, Utah’s sex offender registration law does not impose a registration requirement on a person convicted under former Section 4 Section 6312(d) of the Crimes Code states: “Any person who intentionally views or knowingly possesses or controls any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act commits an o | 1 | 1 |
Com. v. Martingreen1 sentence2018See also Shore , 168 A.3d at 380 ("Pursuant to Brittain and Smith , DC-ADM 803 and 37 Pa. Code § 93.2 are facially constitutional for purposes of the First Amendment and, like the petitioners in those cases, Shore does not allege any specific facts that tend to undermine [DOC's] legitimate penological interests."). | 1 | 1 |
Commonwealth v. Paysongreen1 sentence2015Clyburn, 42 A.3d at 302 n. 3 (citing Commonwealth v. Brazil, 701 A.2d 216 (Pa.1997) (granting new trial for defective waiver colloquy without -7- J-S50039-15 analyzing whether the appellant suffered prejudice); Houtz, 856 A.2d at 130 (same); Payson, 723 A.2d at 704 (“[A]ny shortcoming relative to this colloquy cannot be gauged to the quality of an accused’s self-representation nor justified on the basis of his prior experience with the system”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Binswanger v. Levy
green
2 sentences1993Binswanger v. Levy, 311 Pa. Super. 41 , 457 A.2d 103 (1983). 1993Binswanger v. Levy, 311 Pa. Super. 41 , 457 A.2d 103 (1983). | 3 | 1992–1993 |
Bailey v. Tucker
green
2 sentences2016The trial court found that under Bailey v. Tucker, 621 A.2d 108 (Pa. 1993), which governs actions in criminal malpractice, appellant was unable to plead a legally sufficient claim of professional negligence. 2015The trial court found that under Bailey v. Tucker, 621 A.2d 108 (Pa. 1993), governing actions in criminal malpractice, appellant was unable to plead a legally sufficient claim of professional negligence. | 2 | 2015–2016 |
Johnston v. Township of Plumcreek
green
2 sentences2024The Plurality began by noting that, in Johnston v. Township of Plumcreek, 859 A.2d 7 (Pa. Cmwlth. 2004), appeal denied, 877 A.2d 463 (Pa. 2005), the Commonwealth Court rejected an attempt to use the state-created danger doctrine as a means by which to nullify certain township ordinances on the ground that the doctrine had “never been used to nullify a statute or ordinance” and was, instead, “a construct by which damages are awarded for constitutional torts.” Crawford v. Commonwealth, 277 A.3d 649 , 664-65 (Pa. Cmwlth. 2022) (plurality) (quoting Johnston, 859 A.2d at 13-14 ). 2024The Plurality began by noting that, in Johnston v. Township of Plumcreek, 859 A.2d 7 (Pa. Cmwlth. 2004), appeal denied, 877 A.2d 463 (Pa. 2005), the Commonwealth Court rejected an attempt to use the state-created danger doctrine as a means by which to nullify certain township ordinances on the ground that the doctrine had “never been used to nullify a statute or ordinance” and was, instead, “a construct by which damages are awarded for constitutional torts.” Crawford v. Commonwealth, 277 A.3d 649 , 664-65 (Pa. Cmwlth. 2022) (plurality) (quoting Johnston, 859 A.2d at 13-14 ). | 1 | 2024–2024 |
Hunt v. Sycamore Community School District Board of Education
green
1 sentence2024Turning next to Appellants’ substantive due process claim, the Plurality first concluded that Appellants had “failed to articulate the deprivation of a fundamental right.” Id. at 675 . | 1 | 2024–2024 |
Hudson v. Pa. Bd. of Prob. & Parole
green
1 sentence2022Respondents argue that Boyd’s Amended Petition should be dismissed for failure to state a legally sufficient claim.3 Specifically, Respondents contend that Boyd’s assertion that the statutory scheme related to second-degree murder is inapplicable is meritless based on Hudson v. Pennsylvania Board of Probation & 3 This is the General Assembly’s first Preliminary Objection, and the Board’s fourth Preliminary Objection. 4 Parole, 204 A.3d 392 (Pa. 2019). | 1 | 2022–2022 |
Pastore v. COM., STATE SYSTEM OF HIGHER EDUC.
green
1 sentence2020Pastore, 618 A.2d at 1124 . | 1 | 2020–2020 |
Liberty Mutual Insurance v. Domtar Paper Co.
green
1 sentence2019Id. at 15-22 (citing the Bilt-Rite exception). | 1 | 2019–2019 |
Commonwealth v. Clyburn
green
1 sentence2015Clyburn, 42 A.3d at 302 n. 3 (citing Commonwealth v. Brazil, 701 A.2d 216 (Pa.1997) (granting new trial for defective waiver colloquy without -7- J-S50039-15 analyzing whether the appellant suffered prejudice); Houtz, 856 A.2d at 130 (same); Payson, 723 A.2d at 704 (“[A]ny shortcoming relative to this colloquy cannot be gauged to the quality of an accused’s self-representation nor justified on the basis of his prior experience with the system”). | 1 | 2015–2015 |
Nix v. Temple University of the Commonwealth System of Higher Education
green
1 sentence2014We turn first to the employment -8- J-S51002-14 agreement, Exhibit A. As this Court noted in Nix, supra at 1135 , the -at-will is where the employer and employee have entered into a valid contract which expresses an intention to overcome t Veno, supra at 577, we recognized that the most elementary way to do so is by express contract However, we held therein that such a contract must be clear and definite. that the employment is at- Id. mployee argues that one can reasonably infer from the absence of any at-will (unnumbered page) 10. | 1 | 2014–2014 |
Bower v. Bower
green
2 sentences2011Bower v. Bower, 531 Pa. 54, 57 , 611 A.2d 181, 182 . 2011Bower v. Bower, 531 Pa. 54, 57 , 611 A.2d 181, 182 . | 1 | 2011–2011 |
Orchard v. Covelli
green
1 sentence2001Count III of the complaint states a legally sufficient claim for breach of those duties, see Orchard, 590 F. Supp. at 1556-57 , and Baron may bring a direct claim. 11 Again, Pritzker also argues that Count III lacks specificity. | 1 | 2001–2001 |
Simms v. Exeter Architectural Products, Inc.
green
1 sentence2001Id. | 1 | 2001–2001 |
Hanson v. Lower Frederick Township Board of Supervisors
green
1 sentence1997In its preliminary objection to this count of Odette’s complaint, DEP, citing Hanson v. Lower Frederick Township Board of Supervisors, 667 A.2d 1221 (Pa.Cmwlth.1995), appeal denied, 547 Pa. 719 , 688 A.2d 174 (1997), argues that mandamus is not available to compel a government agency to undertake any form of specific enforcement action under CNRA or the Dam Act. 14 Odette’s, on the other hand, argues that DEP has the absolute duty to enforce the provisions of the Dam Act. | 1 | 1997–1997 |
In Re SO
green
1 sentence1991Id. | 1 | 1991–1991 |
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.