nearly identical claim (Pennsylvania) · Go Syfert
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nearly identical claim in Pennsylvania

21 Pennsylvania opinions name it 3 courts 1999–2026 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.

Followed or applied (5)

CaseFollowedCited
Commonwealth v. Castrogreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026In Davis, we observed that “[f]or purposes of the newly- discovered fact exception, our Supreme Court has ruled that mere allegations of police misconduct in unrelated cases, whether true or false, do not constitute new facts under the PCRA.” Id. (unpublished memorandum at 10) (citing Commonwealth v. Castro, 93 A.3d 818, 825-27 (Pa. 2014)).

11
Com. v. Walker, H.green
pasuperct · 2023 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Walker, supra. Indeed, in Walker, this Court considered whether the trial court erred by allowing the Commonwealth to ask the following question during voir dire: Under Pennsylvania law, the testimony of the alleged victim standing alone, if believed by you, is sufficient proof upon which to find the defendant guilty in a sexual assault case.

11
Commonwealth v. Lowrygreen
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025Specifically, he asserted a nearly identical claim to that raised by Appellant herein: namely, “that his car did not strike anything” and “because the Commonwealth did not present any evidence that he ‘physically impacted’ anything in the accident, he was not ‘involved’ in the accident, as defined by [s]ection 3742.” Id.

2025This Court ultimately disagreed, holding that “the term, ‘involved in an accident,’ in [s]ection 3742 of the Motor Vehicle Code does not require physical contact with a vehicle, other object, or person during the course of an accident.” Id. at 748 (emphasis added).

11
Commonwealth v. Cookgreen
pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Commonwealth v. Cook, 952 A.2d 594, 632 (Pa. 2008).

11
Commonwealth v. Lopezgreen
pa · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016In Commonwealth v. Lopez, 854 A.2d 465, 469-470 (Pa. 2004), our Supreme Court addressed a nearly identical claim of error: It is difficult to ascertain what prejudice allegedly resulted from appellant’s wearing the belt, beyond the prejudice of not being able to escape.

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 (13)

CaseCitedYears
Commonwealth v. Kizak green
pasuperct · 2016
2 sentences

2017In Kizak, supra, this Court addressed a nearly identical challenge to the DUI statute at issue here, 75 Pa.C.S. § 3806.

2017In Kizak, supra, this Court addressed a nearly identical challenge to the DUI statute at issue here, 75 Pa.C.S. § 3806.

42017–2017
Commonwealth v. Sneed green
pa · 2012
1 sentence

2025As the PCRA court noted, we rejected a nearly identical claim in Sneed, albeit in the context of a timely PCRA petition that did not involve the death penalty, holding that [J-81-2024] - 30 “the United States government’s treaty obligations do not preclude the application of state procedural rules to bar judicial review of that claim.” Sneed, 45 A.3d at 1117 .

12025–2025
Commonwealth v. Ford green
pasuperct · 2008
1 sentence

2020This Court, in Commonwealth v. Ford, 947 A.2d 1251 (Pa. Super. 2008), rejected a nearly identical claim, reasoning: [Section 9714,] as it currently exists, reflects a legislative amendment enacted December 20, 2000, which omitted the - 11 - J-S30015-20 requirement that to be considered as strikes, previous convictions must have been committed within seven years of the date of the instant offense for which a defendant is receiving sentence.

12020–2020
Boyd v. Boyd green
· 1870
1 sentence

2019In Boyd v. Boyd , 66 Pa. 283 , 293 (1871), the Court characterized the undue influence inquiry as follows: [W]here, ... an entire stranger-having no claims from lawful relationship-, ... derives a very considerable benefit from the act, ... direct proof ought not to be, and is not required. ...

12019–2019
Commonwealth v. Milton green
pa · 1980
1 sentence

2019In Commonwealth v. Milton, 421 A.2d 1054 (Pa. 1980), our Supreme Court addressed a nearly identical claim of ineffectiveness of counsel related to a jury charge on involuntary manslaughter.

12019–2019
Carl v. Erie Insurance Group green
pasuperct · 2004
1 sentence

2018This Court has interpreted a nearly identical clause to mean that “if an exception, in its entirety, applies then the loss is excluded, even if other events contributed to the loss.” Spece, 850 A.2d at 684 .

12018–2018
J. Taylor v. The PSP of the Commonwealth of PA green
pacommwct · 2016
2 sentences

2018The Commonwealth Court rejected this theory, however, noting that Appellant had not alleged that the Commonwealth “was involved or participated in the plea negotiations, was an intended beneficiary of the plea agreement, or benefited from the agreement.” Id. at 101 (citing Commonwealth v. Giannantonio, 114 A.3d 429 , 434-35 (Pa. Super. 2015) (rejecting a nearly identical claim)).

2018The Commonwealth Court rejected this theory, however, noting that Appellant had not alleged that the Commonwealth "was involved or participated in the plea negotiations, was an intended beneficiary of the plea agreement, or benefited from the agreement." Id. at 101 (citing Commonwealth v. Giannantonio , 114 A.3d 429 , 434-35 (Pa. Super. 2015) (rejecting a nearly identical claim) ).

12018–2018
Commonwealth v. Campbell green
pa · 1994
1 sentence

2017However, our Supreme Court rejected a nearly identical claim in Commonwealth v. Campbell, 651 A.2d 1096 (Pa. 1994).

12017–2017
Commonwealth v. McDonough green
pasuperct · 2014
1 sentence

2014In Commonwealth v. McDonough, 96 A.3d 1067 (Pa. Super. 2014), the appellant was convicted of indecent assault, which carries a statutory-maximum penalty of two years.

12014–2014
Love v. City of Philadelphia red
pa · 1988
2 sentences

2011In Love , our Supreme Court addressed a nearly identical exception pertaining to governmental immunity 4 and interpreted *690 “operation” to mean “to actually put it in motion.” Love, 518 Pa. at 375 , 543 A.2d at 533 .

2011In Love , our Supreme Court addressed a nearly identical exception pertaining to governmental immunity 4 and interpreted *690 “operation” to mean “to actually put it in motion.” Love, 518 Pa. at 375 , 543 A.2d at 533 .

12011–2011
Melrose Hotel Co. v. St. Paul Fire & Marine Insurance green
paed · 2006
2 sentences

2010Paul Fire and Marine Insurance Company, 432 F.Supp.2d 488 (E.D.Pa.2006), which applied Pennsylvania policy interpretation rules to an insurance policy containing a nearly identical clause to that in the instant matter and concluded that there was no duty to defend.

2010Paul Fire and Marine Insurance Company, 432 F.Supp.2d 488 (E.D.Pa.2006), which applied Pennsylvania policy interpretation rules to an insurance policy containing a nearly identical clause to that in the instant matter and concluded that there was no duty to defend.

12010–2010
Commonwealth v. Walker green
pa · 1995
2 sentences

2005This Court addressed and rejected a nearly identical claim in Commonwealth v. Walker, 540 Pa. 80 , 656 A.2d 90 (1995).

2005This Court addressed and rejected a nearly identical claim in Commonwealth v. Walker, 540 Pa. 80 , 656 A.2d 90 (1995).

12005–2005
Commonwealth v. Murphy green
pa · 1995
2 sentences

1999However, as we stated in Murphy, supra at 329, 657 A.2d at 932-33 , given his guilty plea after his initial conviction was reversed, his culpability for the killing remained intact and, therefore, no new trial was warranted. [10] Pursuant to 42 Pa.C.S. § 9711(I), the Prothonotary of the Supreme Court is directed to transmit the complete record in this case to the Governor of Pennsylvania within 90 days.

1999However, as we stated in Murphy, supra at 329, 657 A.2d at 932-33 , given his guilty plea after his initial conviction was reversed, his culpability for the killing remained intact and, therefore, no new trial was warranted. .

11999–1999

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (7) PA § 42 Pa. Cons. Stat. § 9544 (5) PA § 42 Pa. Cons. Stat. § 9545 (5) PA § 42 Pa. Cons. Stat. § 742 (4) PA § 42 Pa. Cons. Stat. § 931 (4) PA § 75 Pa. Cons. Stat. § 3323 (4) PA § 75 Pa. Cons. Stat. § 3717 (4) PA § 75 Pa. Cons. Stat. § 3802 (4) PA § 75 Pa. Cons. Stat. § 3804 (4) PA § 75 Pa. Cons. Stat. § 3806 (4)

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

CA 27 (1995–2025) PA 21 (1999–2026) IN 16 (1976–2025) IL 11 (2010–2023) WA 9 (1987–2019) MO 9 (1994–2019) CT 8 (1970–2021) FL 8 (1996–2019) MS 8 (1990–2025) OH 7 (1987–2026) NY 6 (1987–2026) IA 5 (1986–2021) OR 5 (1990–2025) TX 4 (1986–2004) AZ 4 (1970–2024) MI 3 (1974–2018) MD 3 (1985–2013) MA 3 (1995–2016) UT 3 (1997–2019) DE 3 (2015–2025) ID 3 (1994–2026) NC 2 (2001–2015) MT 2 (2002–2006) MN 2 (1991–2016)

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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