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19 Pennsylvania opinions name it 5 courts 1912–2026 2 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. Geegreen2 sentences2010Commonwealth v. Gee, 467 Pa. 123 , 354 A.2d 875, 883-84 (1976) (emphasis added). ¶ 3 Because our Supreme Court has declared polygraph examination results inadmissible for any purpose, I do not believe they were admissible in this case. ¶ 4 However, even assuming the above-stated rule of inadmissibility is limited to trial situations, the reasoning behind it remains. 2010Commonwealth v. Gee, 467 Pa. 123 , 354 A.2d 875, 883-84 (1976) (emphasis added). ¶ 3 Because our Supreme Court has declared polygraph examination results inadmissible for any purpose, I do not believe they were admissible in this case. ¶ 4 However, even assuming the above-stated rule of inadmissibility is limited to trial situations, the reasoning behind it remains. | 2 | 2 |
Com. v. Miller, J.green1 sentence2026Commonwealth v. Miller, 275 A.3d 530, 535 (Pa. Super. 2022). | 1 | 1 |
Meyer-Chatfield Corp. v. Bank Financial Servicesgreen1 sentence2020See Pa.R.A.P. 302(a) (“Issues not raised in the lower court are waived and cannot be raised for the first time on appeal.”); Mason-Dixon Resorts, L.P. v. Pa. Gaming Control Bd., 52 A.3d 1087, 1112 (Pa. 2012) (deeming an issue waived where it was not raised until a motion for reconsideration); Meyer-Chatfield Corp. v. Bank Financial Services Group, 143 A.3d 930 , 938 n.4 (Pa. Super. 2016) (“Raising an issue for the first time in a motion for - 12 - J-S02001-20 reconsideration, however, does not rescue that issue from waiver.”) (citation omitted).7, 8 Finally, in Appellants’ third issue, they co | 1 | 1 |
Mason-Dixon Resorts, L.P. v. Pennsylvania Gaming Control Boardgreen1 sentence2020See Pa.R.A.P. 302(a) (“Issues not raised in the lower court are waived and cannot be raised for the first time on appeal.”); Mason-Dixon Resorts, L.P. v. Pa. Gaming Control Bd., 52 A.3d 1087, 1112 (Pa. 2012) (deeming an issue waived where it was not raised until a motion for reconsideration); Meyer-Chatfield Corp. v. Bank Financial Services Group, 143 A.3d 930 , 938 n.4 (Pa. Super. 2016) (“Raising an issue for the first time in a motion for - 12 - J-S02001-20 reconsideration, however, does not rescue that issue from waiver.”) (citation omitted).7, 8 Finally, in Appellants’ third issue, they co | 1 | 1 |
Commonwealth v. Tilghmangreen1 sentence2018It is further provided that the board shall have exclusive power to supervise any person hereafter placed on probation or parole (when sentenced to a maximum period of less than two years) by any judge of a court having criminal jurisdiction, when the court may by special order direct supervision by the board, in which case the probation or such parole case shall be known as a special case and the authority of the board with regard thereto shall be the same as herein provided with regard to parole cases within one of the classifications above set forth: Provided, however, That the powers and d | 1 | 1 |
Commonwealth v. Tharpgreen1 sentence2016Keeping the above-stated standard of review in mind, we are also guided by the following: “The admission of photographs is a matter resting with the discretion of the trial court.” Commonwealth v. Tharp, 830 A.2d 519, 530 (Pa. 2003), cert. denied, 541 U.S. 1045 (2004). | 1 | 1 |
Commonwealth v. Abdul-Salaamgreen1 sentence2016That subsection requires a petitioner to prove that “there is a ‘new’ constitutional right and that the right ‘has been held’ by ‘that court’ to apply retroactively.” Commonwealth v. Abdul-Salaam, 812 A.2d 497, 501 (Pa. 2002). | 1 | 1 |
Commonwealth v. Pollardgreen1 sentence2007Commonwealth v. Pollard, 832 A.2d 517, 524 (Pa.Super.2003). ¶ 13 Recognizing the above-stated rule in Pollard , which was addressed in the context of a direct appeal, this Court in Commonwealth v. Hazen, 315 Pa.Super. 557 , 462 A.2d 732 (1983), was faced with a situation more akin to the one in the case before us. | 1 | 1 |
Davis v. Workmen's Compensation Appeal Boardgreen2 sentences2002See, e.g., Bergmeister, supra; NUS, supra; Kennedy, supra. While the Commonwealth Court developed this exception in the context of disability policy and wage payments, we think that it is equally applicable to payments for medical expenses. 4 Once the claimant produces his or her evidence, either by presumption or otherwise, the employer may come forward with its own evidence to challenge the work-relatedness of the injury, or rebut the connection between the payments and the injury by demonstrating that the payments were “made under an established plan or policy of insurance for the payment o 2002See, e.g., Bergmeister, supra; NUS, supra; Kennedy, supra. While the Commonwealth Court developed this exception in the context of disability policy and wage payments, we think that it is equally applicable to payments for medical expenses. 4 Once the claimant produces his or her evidence, either by presumption or otherwise, the employer may come forward with its own evidence to challenge the work-relatedness of the injury, or rebut the connection between the payments and the injury by demonstrating that the payments were “made under an established plan or policy of insurance for the payment o | 1 | 1 |
Brown v. Philadelphia Asbestos Corp.green2 sentences1996This denial of motion for directed verdict will be reversed only if there is "an abuse of discretion or error of law." Brown v. Philadelphia Asbestos Corp., 433 Pa.Super. 131 , 639 A.2d 1245, 1248 (1994). *279 Applying the above-stated standard of review, the record reveals the following: This wrongful death and survival action arose out of an industrial accident which took place on September 14, 1988, at the USX Coke Works located in Clairton, Pennsylvania. 1996This denial of motion for directed verdict will be reversed only if there is "an abuse of discretion or error of law." Brown v. Philadelphia Asbestos Corp., 433 Pa.Super. 131 , 639 A.2d 1245, 1248 (1994). *279 Applying the above-stated standard of review, the record reveals the following: This wrongful death and survival action arose out of an industrial accident which took place on September 14, 1988, at the USX Coke Works located in Clairton, Pennsylvania. | 1 | 1 |
Commonwealth v. Hellergreen2 sentences1977See also, Commonwealth v. Heller, 369 Pa. 457 , 87 A.2d 287 (1952); Commonwealth v. Williams, supra. If a reference to prior criminal activity is indirect, a court must decide “whether or not a juror could reasonably infer from the facts presented that the accused had engaged in prior criminal activity. . . . 1977See also, Commonwealth v. Heller, 369 Pa. 457 , 87 A.2d 287 (1952); Commonwealth v. Williams, supra. If a reference to prior criminal activity is indirect, a court must decide “whether or not a juror could reasonably infer from the facts presented that the accused had engaged in prior criminal activity. . . . | 1 | 1 |
Commonwealth v. Bouldengreen2 sentences1977Our system of justice recognizes several exceptions to the above-stated rule: evidence of other criminal activity may be introduced “for the purpose of showing intent, guilty knowledge, motive, identity, plan, the accused to be one of an organization banded together to commit crimes of the nature charged, part of a chain of circumstances or one of a sequence of acts, or part of the natural developments of the facts, or mental condition, when insanity is a defense or, within limitations, for the purpose of fixing the penalty in murder cases.” Commonwealth v. Boulden, 179 Pa.Super. 328, 336 , 11 1977Our system of justice recognizes several exceptions to the above-stated rule: evidence of other criminal activity may be introduced “for the purpose of showing intent, guilty knowledge, motive, identity, plan, the accused to be one of an organization banded together to commit crimes of the nature charged, part of a chain of circumstances or one of a sequence of acts, or part of the natural developments of the facts, or mental condition, when insanity is a defense or, within limitations, for the purpose of fixing the penalty in murder cases.” Commonwealth v. Boulden, 179 Pa.Super. 328, 336 , 11 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
District of Columbia v. Wesby
green
2 sentences2024Nevertheless, in granting the Defendant’s -8- J-A28009-23 suppression motion, it appears as though the lower courts focused upon the above-stated factors to the exclusion of the “whole picture.” See District of Columbia v. Wesby, 583 U.S. 48 , 60-61 (2018) (holding: “[t]he ‘totality of the circumstances’ requires courts to consider the whole picture” and a court errs if it views “each fact in isolation, rather than as a factor in the totality of the circumstances”) (quotation marks and citations omitted). 2024Nevertheless, in granting the Defendant’s -8- J-A28009-23 suppression motion, it appears as though the lower courts focused upon the above-stated factors to the exclusion of the “whole picture.” See District of Columbia v. Wesby, 583 U.S. 48 , 60-61 (2018) (holding: “[t]he ‘totality of the circumstances’ requires courts to consider the whole picture” and a court errs if it views “each fact in isolation, rather than as a factor in the totality of the circumstances”) (quotation marks and citations omitted). | 1 | 2024–2024 |
In the Interest of S.T.S., Jr.
green
1 sentence2020Appellants say that the trial court “did not consider the impact of its restriction concerning the Fought promissory note on [the] Evans []or Fought’s Disposal/Foughts.” Id. at 24 . | 1 | 2020–2020 |
Dodd v. California
green
1 sentence2016Keeping the above-stated standard of review in mind, we are also guided by the following: “The admission of photographs is a matter resting with the discretion of the trial court.” Commonwealth v. Tharp, 830 A.2d 519, 530 (Pa. 2003), cert. denied, 541 U.S. 1045 (2004). | 1 | 2016–2016 |
Criss v. Wise
green
1 sentence2016Amplifying this ruling in Criss v. Wise, 781 A.2d 1156 (Pa. 2001), the Supreme Court held that untimeliness resulting from “non- -4- J-A32003-15 negligent circumstances, either as they relate to the appellant or the appellant’s counsel,” might warrant nunc pro tunc relief. | 1 | 2016–2016 |
Commonwealth v. Jarema
green
1 sentence2016However, the Stock Court observed that the above-stated standard governing nunc pro tunc relief had been “somewhat liberalized” and proposed that a principle has emerged that “an appeal nunc pro tunc is intended as a remedy to vindicate the right to an appeal where that right has been lost due to extraordinary circumstances.” Id. at 763–764 (citations omitted). | 1 | 2016–2016 |
Luke v. Cataldi
green
1 sentence2016In Commonwealth v. Malloy, 856 A.2d 767 (Pa. 2004), the Pennsylvania Supreme Court set forth a two-part test for the admissibility of photographs. | 1 | 2016–2016 |
Commonwealth v. Hazen
green
2 sentences2007Commonwealth v. Pollard, 832 A.2d 517, 524 (Pa.Super.2003). ¶ 13 Recognizing the above-stated rule in Pollard , which was addressed in the context of a direct appeal, this Court in Commonwealth v. Hazen, 315 Pa.Super. 557 , 462 A.2d 732 (1983), was faced with a situation more akin to the one in the case before us. 2007Commonwealth v. Pollard, 832 A.2d 517, 524 (Pa.Super.2003). ¶ 13 Recognizing the above-stated rule in Pollard , which was addressed in the context of a direct appeal, this Court in Commonwealth v. Hazen, 315 Pa.Super. 557 , 462 A.2d 732 (1983), was faced with a situation more akin to the one in the case before us. | 1 | 2007–2007 |
NUS Corp. v. Workmen's Compensation Appeal Board
green
1 sentence2002See, e.g., Bergmeister, supra; NUS, supra; Kennedy, supra. While the Commonwealth Court developed this exception in the context of disability policy and wage payments, we think that it is equally applicable to payments for medical expenses. 4 Once the claimant produces his or her evidence, either by presumption or otherwise, the employer may come forward with its own evidence to challenge the work-relatedness of the injury, or rebut the connection between the payments and the injury by demonstrating that the payments were “made under an established plan or policy of insurance for the payment o | 1 | 2002–2002 |
City of Monessen School District v. Workmen's Compensation Appeal Board
green
1 sentence1994We will first consider whether, at the time of her injury, Claimant was on a special assignment for Employer. *491 In City of Monessen School District v. Workmen’s Compensation Appeal Board (Hays), 155 Pa.Commonwealth Ct. 56, 624 A.2d 734 (1993), the claimant, an assistant band director, was injured while returning home from a party hosted by the Band Parents. | 1 | 1994–1994 |
Banas v. Matthews International Corp.
green
2 sentences1986Corp., 348 Pa.Super. 464 , 502 A.2d 637 (1985) (concurring and dissenting opinion by Beck, J. 348 Pa.Super. at 502-04 , 502 A.2d at 657-58 .) We believe that the above-stated presumption should be reversed — that the employment should be presumed to be “at-will” unless an intent to alter the at-will relationship is clearly stated in the handbook. 1986Corp., 348 Pa.Super. 464 , 502 A.2d 637 (1985) (concurring and dissenting opinion by Beck, J. 348 Pa.Super. at 502-04 , 502 A.2d at 657-58 .) We believe that the above-stated presumption should be reversed — that the employment should be presumed to be “at-will” unless an intent to alter the at-will relationship is clearly stated in the handbook. | 1 | 1986–1986 |
Commonwealth v. Jacobs
green
2 sentences1976Commonwealth v. Jacobs, supra, makes the following exception to the above-stated rule: “Where a defendant chooses a civil determination, he will be deemed to have fully waived his jury trial rights and all other protections ancillary to criminal proceedings including the right to have guilt proven ‘beyond a reasonable doubt.’ ” 220 Pa. Superior Ct. at 38 , 279 A.2d at 254 . 1976Commonwealth v. Jacobs, supra, makes the following exception to the above-stated rule: “Where a defendant chooses a civil determination, he will be deemed to have fully waived his jury trial rights and all other protections ancillary to criminal proceedings including the right to have guilt proven ‘beyond a reasonable doubt.’ ” 220 Pa. Superior Ct. at 38 , 279 A.2d at 254 . | 1 | 1976–1976 |
Nine-Ten Chestnut Corp. v. Philadelphia Parking Authority
green
1 sentence1971The court then cites the following cases for the above-stated principle: Blumenschein v. Pittsburgh Housing Authority, 379 Pa. 566 (1955); Neizer v. Schuylkill Township School District et al., 384 Pa. 323 (1956); Nine-Ten Chestnut Corporation v. Philadelphia Parking Authority, 373 Pa. 274 (1953); Parker v. Philadelphia, 391 Pa. 242 (1958); Downing v. Erie City School District et al. 360 Pa. 29 (1948); Gericke et al. v. Philadelphia et al. 353 Pa. 60 (1945). | 1 | 1971–1971 |
Blumenschein v. Pittsburgh Housing Authority
green
1 sentence1971The court then cites the following cases for the above-stated principle: Blumenschein v. Pittsburgh Housing Authority, 379 Pa. 566 (1955); Neizer v. Schuylkill Township School District et al., 384 Pa. 323 (1956); Nine-Ten Chestnut Corporation v. Philadelphia Parking Authority, 373 Pa. 274 (1953); Parker v. Philadelphia, 391 Pa. 242 (1958); Downing v. Erie City School District et al. 360 Pa. 29 (1948); Gericke et al. v. Philadelphia et al. 353 Pa. 60 (1945). | 1 | 1971–1971 |
Neizer v. Schuylkill Township School District
neutral
1 sentence1971The court then cites the following cases for the above-stated principle: Blumenschein v. Pittsburgh Housing Authority, 379 Pa. 566 (1955); Neizer v. Schuylkill Township School District et al., 384 Pa. 323 (1956); Nine-Ten Chestnut Corporation v. Philadelphia Parking Authority, 373 Pa. 274 (1953); Parker v. Philadelphia, 391 Pa. 242 (1958); Downing v. Erie City School District et al. 360 Pa. 29 (1948); Gericke et al. v. Philadelphia et al. 353 Pa. 60 (1945). | 1 | 1971–1971 |
Pennsylvania State Chamber of Commerce v. Torquato
green
1 sentence1971Plaintiffs cite to us the case of Pennsylvania State Chamber of Commerce v. Torquato, 386 Pa. 306 (1956), as supporting its position. | 1 | 1971–1971 |
Parker v. Philadelphia
green
1 sentence1971The court then cites the following cases for the above-stated principle: Blumenschein v. Pittsburgh Housing Authority, 379 Pa. 566 (1955); Neizer v. Schuylkill Township School District et al., 384 Pa. 323 (1956); Nine-Ten Chestnut Corporation v. Philadelphia Parking Authority, 373 Pa. 274 (1953); Parker v. Philadelphia, 391 Pa. 242 (1958); Downing v. Erie City School District et al. 360 Pa. 29 (1948); Gericke et al. v. Philadelphia et al. 353 Pa. 60 (1945). | 1 | 1971–1971 |
Downing v. Erie City School District
green
1 sentence1971The court then cites the following cases for the above-stated principle: Blumenschein v. Pittsburgh Housing Authority, 379 Pa. 566 (1955); Neizer v. Schuylkill Township School District et al., 384 Pa. 323 (1956); Nine-Ten Chestnut Corporation v. Philadelphia Parking Authority, 373 Pa. 274 (1953); Parker v. Philadelphia, 391 Pa. 242 (1958); Downing v. Erie City School District et al. 360 Pa. 29 (1948); Gericke et al. v. Philadelphia et al. 353 Pa. 60 (1945). | 1 | 1971–1971 |
Gericke v. Philadelphia
green
1 sentence1971The court then cites the following cases for the above-stated principle: Blumenschein v. Pittsburgh Housing Authority, 379 Pa. 566 (1955); Neizer v. Schuylkill Township School District et al., 384 Pa. 323 (1956); Nine-Ten Chestnut Corporation v. Philadelphia Parking Authority, 373 Pa. 274 (1953); Parker v. Philadelphia, 391 Pa. 242 (1958); Downing v. Erie City School District et al. 360 Pa. 29 (1948); Gericke et al. v. Philadelphia et al. 353 Pa. 60 (1945). | 1 | 1971–1971 |
| McClintock's Appeal green | 1 | 1928–1928 |
| Hoeveler v. Fleming & Co. neutral | 1 | 1912–1912 |
| Gallagher v. Burke neutral | 1 | 1912–1912 |
| Oakford v. Nixon green | 1 | 1912–1912 |
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.