17 Pennsylvania opinions name it 3 courts 1972–2024 3 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. Fahygreen2 sentences2020See Commonwealth v. Rivera-Figueroa, 174 A.3d 674 (Pa.Super. 2017); see also Commonwealth v. Fahy, 737 A.2d 214, 223 (Pa. 1999) (challenges to legality of sentence “must still first satisfy the PCRA’s time limits or one of the exceptions thereto”). 2020See Commonwealth v. Rivera-Figueroa, 174 A.3d 674 (Pa.Super. 2017); see also Commonwealth v. Fahy, 737 A.2d 214, 223 (Pa. 1999) (challenges to legality of sentence “must still first satisfy the PCRA’s time limits or one of the exceptions thereto”). | 2 | 2 |
Commonwealth v. Millergreen2 sentences2020See Commonwealth v. Miller, 102 A.3d 988, 992 (Pa.Super. 2014). 2020See Commonwealth v. Miller, 102 A.3d 988, 992 (Pa.Super. 2014). | 2 | 2 |
Commonwealth v. Andersongreen2 sentences2006Anderson, 650 A.2d at 24 . [6] In 2002, the Anderson test was essentially adopted by the General Assembly in 42 Pa. C.S. § 9765, which reads: No crimes shall merge for sentencing purposes unless the crimes arise from a single criminal act and all of the statutory elements of one offense are included in the statutory elements of the other offense. 2006Anderson, 650 A.2d at 24 . [6] In 2002, the Anderson test was essentially adopted by the General Assembly in 42 Pa. C.S. § 9765, which reads: No crimes shall merge for sentencing purposes unless the crimes arise from a single criminal act and all of the statutory elements of one offense are included in the statutory elements of the other offense. | 1 | 2 |
Commonwealth v. Rodriguezgreen1 sentence2023See Commonwealth v. Rodriguez, 141 A.3d 523 , 525 n.4 (Pa. Super. 2016) (concluding that “although Appellant did not comply with our appellate rules, we find that it has not inhibited our ability to review his claim, and decline to find waiver on that basis”). -5- J-S09040-23 Following our review, we discern no error by the PCRA court. | 1 | 1 |
Commonwealth v. Mitchellgreen1 sentence2021See Commonwealth v. Mitchell, 986 A.2d 1241 , 1244 n.2 (Pa. Super. 2009) (stating that “[w]hen presented with an Anders brief, this Court may not review the merits of the underlying issues without first passing on the request to withdraw.”). | 1 | 1 |
Pennsylvania State Lodge, Fraternal Order of Police v. Commonwealth, Department of Conservation & Natural Resourcesgreen1 sentence2016On March 1, 2016, the lower court issued an order transferring the matter to this Court because the Respondents are state employees. 4 When addressing preliminary objections, we are “required to accept as true the well- pled averments set forth in the . . . complaint, and all inferences reasonably deducible therefrom.” Pa. State Lodge, Fraternal Order of Police v. Department of Conservation & Natural Resources, 909 A.2d 413, 415 (Pa. Cmwlth. 2006), aff’d, 924 A.2d 1203 (Pa. 2007). 2 35 to 45 times. | 1 | 1 |
Commonwealth v. Williamsgreen2 sentences2007See also Commonwealth v. Williams, 871 A.2d 254, 263 (Pa.Super.2005) (collecting Superior Court cases adopting the Anderson test where a single criminal act is at issue). ¶ 21 We hold that the trial court did not err as a matter of law by imposing separate sentences for the weapons offenses. 2007See also Commonwealth v. Williams, 871 A.2d 254, 263 (Pa.Super.2005) (collecting Superior Court cases adopting the Anderson test where a single criminal act is at issue). ¶ 21 We hold that the trial court did not err as a matter of law by imposing separate sentences for the weapons offenses. | 1 | 1 |
Anderson v. Bushong Pontiac Co.green1 sentence2005Id. at 775. ¶ 10 With regard to defendant Ugly Duckling, the trial court in the instant case distinguished Anderson by concluding that: the Anderson defendant was on notice that the car could likely be stolen by an incompetent driver for the reason that the keys had been stolen two days earlier, and because minor aged children often played at the lot. | 1 | 1 |
Taylor v. Taylorgreen1 sentence2004See, e.g., Taylor v. Taylor, 643 N.E.2d 893 (Ind.1994); McGugart v. Brumback, 77 Wash.2d 441 , 463 P.2d 140 (1969); Banaszkiewicz v. Baun, 359 Mich. 109 , 101 N.W.2d 306 (1960). | 1 | 1 |
Commonwealth v. Williamsgreen2 sentences2004See, e.g., Commonwealth v. Williams, 801 A.2d 584 (Pa.Super.2002); Commonwealth v. Ware, 737 A.2d 251 (Pa.Super.1999). 2004See, e.g., Commonwealth v. Williams, 801 A.2d 584 (Pa.Super.2002); Commonwealth v. Ware, 737 A.2d 251 (Pa.Super.1999). | 1 | 1 |
Commonwealth v. Felixgreen2 sentences1988See Commonwealth v. Felix, 372 Pa.Super. 145 , 539 A.2d 371 (1988). 1988See Commonwealth v. Felix, 372 Pa.Super. 145 , 539 A.2d 371 (1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Anders v. California
green
2 sentences2024As discussed above, Robinson’s claims of collateral appeal counsel’s ineffectiveness are easily distinguishable from Greer, supra, and Grazioli, supra. Here, as stated above, appellate counsel filed a rule-compliant ____________________________________________ 7 While Robinson stated Attorney Weisenberger intended to file an “Anderson brief,” we believe he was referring, rather, to Anders v. California, 386 U.S. 738 (1967). 2017Anders, 386 U.S. at 744 ; Rojas, 874 A.2d at 639 . | 2 | 2017–2024 |
Commonwealth v. Muniz, J., Aplt.
red
2 sentences2020Here, Anderson’s claim that he is serving an illegal sentence pursuant to Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017), is cognizable under the PCRA. 2020Here, Anderson’s claim that he is serving an illegal sentence pursuant to Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017), is cognizable under the PCRA. | 2 | 2020–2020 |
Commonwealth v. Rojas
green
1 sentence2017Anders, 386 U.S. at 744 ; Rojas, 874 A.2d at 639 . | 1 | 2017–2017 |
Commonwealth v. Wattley
green
1 sentence2016On March 1, 2016, the lower court issued an order transferring the matter to this Court because the Respondents are state employees. 4 When addressing preliminary objections, we are “required to accept as true the well- pled averments set forth in the . . . complaint, and all inferences reasonably deducible therefrom.” Pa. State Lodge, Fraternal Order of Police v. Department of Conservation & Natural Resources, 909 A.2d 413, 415 (Pa. Cmwlth. 2006), aff’d, 924 A.2d 1203 (Pa. 2007). 2 35 to 45 times. | 1 | 2016–2016 |
Commonwealth v. Walls
green
1 sentence2015Based on the totality of the circumstances, see Walls, supra, we conclude that in light of the evidence regarding the high crime area, gunshots and Anderson’s flight after grabbing his waistband, the trial court did not err in denying Anderson’s motion to suppress. | 1 | 2015–2015 |
McGugart v. Brumback
green
2 sentences2004See, e.g., Taylor v. Taylor, 643 N.E.2d 893 (Ind.1994); McGugart v. Brumback, 77 Wash.2d 441 , 463 P.2d 140 (1969); Banaszkiewicz v. Baun, 359 Mich. 109 , 101 N.W.2d 306 (1960). 2004See, e.g., Taylor v. Taylor, 643 N.E.2d 893 (Ind.1994); McGugart v. Brumback, 77 Wash.2d 441 , 463 P.2d 140 (1969); Banaszkiewicz v. Baun, 359 Mich. 109 , 101 N.W.2d 306 (1960). | 1 | 2004–2004 |
Commonwealth v. Ware
green
2 sentences2004See, e.g., Commonwealth v. Williams, 801 A.2d 584 (Pa.Super.2002); Commonwealth v. Ware, 737 A.2d 251 (Pa.Super.1999). 2004See, e.g., Commonwealth v. Williams, 801 A.2d 584 (Pa.Super.2002); Commonwealth v. Ware, 737 A.2d 251 (Pa.Super.1999). | 1 | 2004–2004 |
Banaszkiewicz v. Baun
green
2 sentences2004See, e.g., Taylor v. Taylor, 643 N.E.2d 893 (Ind.1994); McGugart v. Brumback, 77 Wash.2d 441 , 463 P.2d 140 (1969); Banaszkiewicz v. Baun, 359 Mich. 109 , 101 N.W.2d 306 (1960). 2004See, e.g., Taylor v. Taylor, 643 N.E.2d 893 (Ind.1994); McGugart v. Brumback, 77 Wash.2d 441 , 463 P.2d 140 (1969); Banaszkiewicz v. Baun, 359 Mich. 109 , 101 N.W.2d 306 (1960). | 1 | 2004–2004 |
Commonwealth v. Comer
green
2 sentences2001Id. at 583 , 650 A.2d at 24 (citation omitted). ¶ 13 To the extent that its analysis in Anderson appeared to focus solely on the statutory elements of each offense, [8] the Court clarified in Commonwealth v. Comer, 552 Pa. 527 , 716 A.2d 593 (1998) that the facts underlying each conviction must be considered as well. [9] Therein, the Court specifically rejected an interpretation of Anderson as permitting a merger analysis based on a comparison of the statutory elements alone "without considering the underlying factual circumstances", stating that such an analysis "ignores the context in which 2001Id. at 583 , 650 A.2d at 24 (citation omitted). ¶ 13 To the extent that its analysis in Anderson appeared to focus solely on the statutory elements of each offense, [8] the Court clarified in Commonwealth v. Comer, 552 Pa. 527 , 716 A.2d 593 (1998) that the facts underlying each conviction must be considered as well. [9] Therein, the Court specifically rejected an interpretation of Anderson as permitting a merger analysis based on a comparison of the statutory elements alone "without considering the underlying factual circumstances", stating that such an analysis "ignores the context in which | 1 | 2001–2001 |
Commonwealth v. Krum
green
2 sentences1988Commonwealth v. Krum, 367 Pa.Super. 511 , 533 A.2d 134 (1987) {en banc). 1988Commonwealth v. Krum, 367 Pa.Super. 511 , 533 A.2d 134 (1987) {en banc). | 1 | 1988–1988 |
Bowers v. Workmen's Compensation Appeal Board
green
2 sentences1988Id. at 516 , 457 A.2d at 176 . 1988Id. at 516 , 457 A.2d at 176 . | 1 | 1988–1988 |
Commonwealth v. McBride
green
2 sentences1972After careful deliberation and reargument, we ruled in Com. v. McBride, 440 Pa. 81 , 269 A. 2d 737 (1970), that a defendant who enters a guilty plea in a “silent record” case tried before Com. ex rel. 1972After careful deliberation and reargument, we ruled in Com. v. McBride, 440 Pa. 81 , 269 A. 2d 737 (1970), that a defendant who enters a guilty plea in a “silent record” case tried before Com. ex rel. | 1 | 1972–1972 |
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.