reviewing challenge (Pennsylvania) · Go Syfert
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reviewing challenge in Pennsylvania

19 Pennsylvania opinions name it 3 courts 1976–2026 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.

Followed or applied (11)

CaseFollowedCited
Commonwealth v. Claygreen
pa · 2013 · cited in 8 Pennsylvania opinions naming this issue, 2016–2026
2 sentences

2026A trial court reviewing a challenge to the weight given the evidence may grant relief only if “the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail.” Commonwealth v. Clay, 64 A.3d 1049, 1055 (Pa. 2013) (citation omitted).

2026“Rather, appellate review is limited to whether the trial court palpably abused its discretion in ruling on the weight claim.” Id. -7- J-S03004-26 A trial court reviewing a challenge to the weight of the evidence may grant relief only if “the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail.” Commonwealth v. Clay, 64 A.3d 1049, 1055 (Pa. 2013) (citation omitted). “[A] true weight of the evidence challenge concedes that sufficient evidence exists to sustain the ve

88
Commonwealth v. Diggsgreen
pa · 2008 · cited in 4 Pennsylvania opinions naming this issue, 2018–2026
2 sentences

2026The trial court’s denial of a weight claim “is the least assailable of its rulings.” Commonwealth v. Diggs, 949 A.2d 873, 880 (Pa. 2008); see Commonwealth v. Morgan, 913 A.2d 906, 909 (Pa. Super. 2006) (stating that because the trial court “is in the best position to view the evidence presented,” an appellate court will give that court “the utmost consideration” when reviewing its weight determination).

2025A trial court reviewing a challenge to the weight given the evidence may grant relief only if “the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail.” Commonwealth v. Clay, 64 A.3d 1049, 1055 (Pa. 2013) (citation omitted). -7- J-A18037-25 The trial court’s denial of a weight claim “is the least assailable of its rulings.” Commonwealth v. Diggs, 949 A.2d 873, 880 (Pa. 2008); see also Commonwealth v. Morgan, 913 A.2d 906, 909 (Pa. Super. 2006) (stating that because

44
Commonwealth v. Morgangreen
pasuperct · 2006 · cited in 2 Pennsylvania opinions naming this issue, 2025–2026
2 sentences

2026The trial court’s denial of a weight claim “is the least assailable of its rulings.” Commonwealth v. Diggs, 949 A.2d 873, 880 (Pa. 2008); see Commonwealth v. Morgan, 913 A.2d 906, 909 (Pa. Super. 2006) (stating that because the trial court “is in the best position to view the evidence presented,” an appellate court will give that court “the utmost consideration” when reviewing its weight determination).

2025A trial court reviewing a challenge to the weight given the evidence may grant relief only if “the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail.” Commonwealth v. Clay, 64 A.3d 1049, 1055 (Pa. 2013) (citation omitted). -7- J-A18037-25 The trial court’s denial of a weight claim “is the least assailable of its rulings.” Commonwealth v. Diggs, 949 A.2d 873, 880 (Pa. 2008); see also Commonwealth v. Morgan, 913 A.2d 906, 909 (Pa. Super. 2006) (stating that because

22
Commonwealth v. Thompsongreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026Commonwealth v. Thompson, 106 A.3d 742, 758 (Pa. Super. 2014).

11
Commonwealth v. Milesgreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Along these same lines, Appellant’s objection preserved this claim for review on direct appeal and Appellant makes no attempt to show why this evidence, even if erroneously admitted, requires a new trial.1 See Commonwealth v. Miles, 846 A.2d 132, 137-38 (Pa. Super. 2004) (setting forth the three grounds for finding that an erroneous evidentiary ruling was ____________________________________________ 1 We will extend to Appellant the benefit of assuming that appellate counsel was ineffective for failing to address the issue on direct appeal, and thus, we cite the standard for reviewing this cla

11
Wright v. Commonwealthgreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See Commonwealth v. Spotz, 84 A.3d 294, 315 (Pa. 2014) (“As a general and practical matter, it is more difficult for a defendant to prevail on a claim litigated through the lens of counsel ineffectiveness, rather than as a preserved claim of trial court error.”). - 14 - J-S01007-23 harmless and could not have contributed to the verdict).

11
Commonwealth v. Tarrachgreen
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See, e.g., Commonwealth v. Tarrach, 42 A.3d 342, 345 (Pa. Super. 2012): "[The reviewing Court] must determine whether the evidence admitted at trial, and all reasonable inferences drawn therefrom, when 'viewed in a light most favorable to the Commonwealth as verdict winner, support the conviction beyond a reasonable doubt.

11
Main Street Development Group, Inc. v. Tinicum Township Board of Supervisorsgreen
pacommwct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Main Street Development Group, Inc. v. Tinicum Township Board of Supervisors, 19 A.3d 21, 26 (Pa. Cmwlth. 2011).

11
Commonwealth v. Eichingergreen
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011The standard for reviewing a challenge to the denial of a suppression motion involves the following considerations: “whether the factual findings are supported by the record and whether the legal conclusions drawn from those facts are correct.... [W]e must consider only the evidence of the prosecution and so much of the evidence of the defense as remains uncontradieted when read in the context of the record as a whole.” Commonwealth v. Eichinger [, 591 Pa. 1 ] 915 A.2d 1122, 1134 (2007), cert. denied, 552 U.S. 894 , 128 S.Ct. 211 , 169 L.Ed.2d 158 (2007).

2011The standard for reviewing a challenge to the denial of a suppression motion involves the following considerations: “whether the factual findings are supported by the record and whether the legal conclusions drawn from those facts are correct.... [W]e must consider only the evidence of the prosecution and so much of the evidence of the defense as remains uncontradieted when read in the context of the record as a whole.” Commonwealth v. Eichinger [, 591 Pa. 1 ] 915 A.2d 1122, 1134 (2007), cert. denied, 552 U.S. 894 , 128 S.Ct. 211 , 169 L.Ed.2d 158 (2007).

11
Parker v. Commonwealthgreen
pacommwct · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
2 sentences

2005See also Parker v. Department of Labor and Industry, 115 Pa.Cmwlth. 93 , 540 A.2d 313 (1988) (holding that enrolled bill doctrine did not preclude this Court from reviewing claim of failure to comply with Article III, Section 3); Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108 (Pa.Cmwlth.1998), aff 'd, 562 Pa. 632 , 757 A.2d 367 (2000) (holding that claims of failure to comply with Article III, Sections 1, 2, 3, 4 and 5 were not barred by the enrolled bill and political question doctrines and Speech and Debate Clause).

2005See also Parker v. Department of Labor and Industry, 115 Pa.Cmwlth. 93 , 540 A.2d 313 (1988) (holding that enrolled bill doctrine did not preclude this Court from reviewing claim of failure to comply with Article III, Section 3); Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108 (Pa.Cmwlth.1998), aff 'd, 562 Pa. 632 , 757 A.2d 367 (2000) (holding that claims of failure to comply with Article III, Sections 1, 2, 3, 4 and 5 were not barred by the enrolled bill and political question doctrines and Speech and Debate Clause).

11
Reites v. Wilkersongreen
calctapp · 1950 · cited in 1 Pennsylvania opinions naming this issue, 1976–1976
2 sentences

1976As a court reviewing a challenge to a recall petition under the Los Angeles Home Rule Charter observed: “The courts are ever mindful of the desirability of having recall petitions presented to the people . . . without delay or excessive expenditure of time.” Reites v. Wilkerson, 99 Cal.App.2d 500, 502 , 222 P.2d 81, 83 (2d Dist. 1950) (citation omitted). .

1976As a court reviewing a challenge to a recall petition under the Los Angeles Home Rule Charter observed: “The courts are ever mindful of the desirability of having recall petitions presented to the people . . . without delay or excessive expenditure of time.” Reites v. Wilkerson, 99 Cal.App.2d 500, 502 , 222 P.2d 81, 83 (2d Dist. 1950) (citation omitted). .

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 (10)

CaseCitedYears
Commonwealth v. Champney green
pa · 2003
1 sentence

2026“Rather, appellate review is limited to whether the trial court palpably abused its discretion in ruling on the weight claim.” Id. -7- J-S03004-26 A trial court reviewing a challenge to the weight of the evidence may grant relief only if “the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail.” Commonwealth v. Clay, 64 A.3d 1049, 1055 (Pa. 2013) (citation omitted). “[A] true weight of the evidence challenge concedes that sufficient evidence exists to sustain the ve

12026–2026
State System of Higher Education v. State College University Professional Ass'n green
pa · 1999
2 sentences

2012Cheyney University, 560 Pa. at 149 , 743 A.2d at 413 .

2012Cheyney University, 560 Pa. at 149 , 743 A.2d at 413 .

12012–2012
Common Cause/Pennsylvania v. Commonwealth green
pa · 2000
1 sentence

2005See also Parker v. Department of Labor and Industry, 115 Pa.Cmwlth. 93 , 540 A.2d 313 (1988) (holding that enrolled bill doctrine did not preclude this Court from reviewing claim of failure to comply with Article III, Section 3); Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108 (Pa.Cmwlth.1998), aff 'd, 562 Pa. 632 , 757 A.2d 367 (2000) (holding that claims of failure to comply with Article III, Sections 1, 2, 3, 4 and 5 were not barred by the enrolled bill and political question doctrines and Speech and Debate Clause).

12005–2005
Common Cause/Pennsylvania v. Commonwealth green
pacommwct · 1998
1 sentence

2005See also Parker v. Department of Labor and Industry, 115 Pa.Cmwlth. 93 , 540 A.2d 313 (1988) (holding that enrolled bill doctrine did not preclude this Court from reviewing claim of failure to comply with Article III, Section 3); Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108 (Pa.Cmwlth.1998), aff 'd, 562 Pa. 632 , 757 A.2d 367 (2000) (holding that claims of failure to comply with Article III, Sections 1, 2, 3, 4 and 5 were not barred by the enrolled bill and political question doctrines and Speech and Debate Clause).

12005–2005
Common Cause/Pennsylvania v. Commonwealth green
pa · 2000
1 sentence

2005See also Parker v. Department of Labor and Industry, 115 Pa.Cmwlth. 93 , 540 A.2d 313 (1988) (holding that enrolled bill doctrine did not preclude this Court from reviewing claim of failure to comply with Article III, Section 3); Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108 (Pa.Cmwlth.1998), aff 'd, 562 Pa. 632 , 757 A.2d 367 (2000) (holding that claims of failure to comply with Article III, Sections 1, 2, 3, 4 and 5 were not barred by the enrolled bill and political question doctrines and Speech and Debate Clause).

12005–2005
Commonwealth v. Gorby green
pa · 1991
2 sentences

1996In Commonwealth v. Gorby, 527 Pa. 98 , 588 A.2d 902 (1991), we set forth the standard for reviewing a claim that the trial court erred in denying a request for change of venue: The determination of whether to grant a change of venue rests within the sound discretion of the trial court whose decision thereon will not be disturbed on appeal absent an abuse of that discretion.

1996In Commonwealth v. Gorby, 527 Pa. 98 , 588 A.2d 902 (1991), we set forth the standard for reviewing a claim that the trial court erred in denying a request for change of venue: The determination of whether to grant a change of venue rests within the sound discretion of the trial court whose decision thereon will not be disturbed on appeal absent an abuse of that discretion.

11996–1996
Commonwealth v. Buehl green
pa · 1986
2 sentences

1996Commonwealth v. Buehl, 510 Pa. 363 , 508 A.2d 1167 (1986).

1996Commonwealth v. Buehl, 510 Pa. 363 , 508 A.2d 1167 (1986).

11996–1996
Commonwealth v. Syre green
pa · 1985
2 sentences

1993Commonwealth v. Syre, 507 Pa. 299 , 489 A.2d 1340 (1985).

1993Commonwealth v. Syre, 507 Pa. 299 , 489 A.2d 1340 (1985).

11993–1993
Commonwealth v. Pierce green
pa · 1987
2 sentences

1991Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1987).

1991Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1987).

11991–1991
Commonwealth v. Stoyko green
pa · 1984
2 sentences

1988Commonwealth v. Stoyko, 504 Pa. 455 , 475 A.2d 714 (1984).

1988Commonwealth v. Stoyko, 504 Pa. 455 , 475 A.2d 714 (1984).

11988–1988

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9781 (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

LA 110 (1986–2026) TX 34 (1991–2025) AL 31 (1993–2017) MO 31 (1986–2025) OH 29 (1991–2026) IN 27 (1981–2020) IL 24 (1983–2026) MI 22 (1970–2026) PA 19 (1976–2026) CA 16 (1973–2024) CT 14 (1985–2025) NY 10 (1997–2012) NJ 7 (1981–2025) TN 6 (1989–2013) KS 6 (1911–2023) GA 5 (2000–2010) MN 5 (1986–1998) WV 4 (2006–2024) FL 4 (1984–2010) MD 4 (1981–2025) WI 3 (2017–2019) AR 3 (2020–2025) RI 3 (1977–1995) OR 3 (2002–2024) MS 3 (2000–2001) WA 3 (1910–2019) DC 2 (1993–2016) HI 2 (2016–2024) MT 2 (1979–2001) MA 2 (2009–2023) NC 2 (1984–2017) VA 2 (1997–2006) CO 2 (2017–2017) OK 2 (1984–2006) VT 2 (2010–2021) WY 2 (2000–2002)

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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