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17 Pennsylvania opinions name it 3 courts 1973–2025 7 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. Callengreen2 sentences2024Commonwealth v. -5- J-S40038-23 Gross, 101 A.3d 28, 33 (Pa. 2014); Commonwealth v. Callen, 198 A.3d 1149, 1158 (Pa. Super. 2018). 2024Commonwealth v. Gross, 101 A.3d 28, 33 (Pa. 2014); Commonwealth v. Callen, 198 A.3d 1149, 1158 (Pa. Super. 2018). | 2 | 2 |
McIntyre v. Court of Common Pleas, Philadelphia Countygreen2 sentences2024Commonwealth v. -5- J-S40038-23 Gross, 101 A.3d 28, 33 (Pa. 2014); Commonwealth v. Callen, 198 A.3d 1149, 1158 (Pa. Super. 2018). 2024Commonwealth v. Gross, 101 A.3d 28, 33 (Pa. 2014); Commonwealth v. Callen, 198 A.3d 1149, 1158 (Pa. Super. 2018). | 2 | 2 |
Commonwealth v. Ahlborngreen2 sentences2020Commonwealth v. Ahlborn, 699 A.2d 718, 721 (Pa. 1997). 2020Commonwealth v. Ahlborn, 699 A.2d 718, 721 (Pa. 1997). | 2 | 2 |
Commonwealth v. Smithgreen2 sentences2018Commonwealth v. Smith, 97 A.3d 782, 787 (Pa.Super. 2014) (citation omitted). 2017Where the defendant raises a claim of self-defense, “the burden is on the Commonwealth to prove beyond a reasonable doubt that the defendant’s act was not justifiable self-defense.” Commonwealth v. Smith, 97 A.3d 782, 787 (Pa.Super. 2014) (citation omitted). | 2 | 2 |
Com. v. McLaughlin, M.green1 sentence2022See, e.g., Commonwealth v. McLaughlin, 240 A.3d 980, 983 (Pa. Super. 2020) (“when the defendant raises a claim that is cognizable under the PCRA, but he has completed service of his sentence, he is ineligible for relief under the PCRA”). | 1 | 1 |
Commonwealth v. Plunkettgreen1 sentence2022The fact that his sentence expired after the PCRA court entered the order denying him relief does not change this outcome.2 See ____________________________________________ 2 The parties did not contemplate the impending completion of Appellant’s sentence in their briefs, and we note that our review of the certified record finds no improper procedural delay in the transmittal of the record to our Court. -5- J-A17045-22 Commonwealth v. Plunkett, 151 A.3d 1108, 1112-113 (Pa. Super. 2016) (holding that the requirement that a petitioner for postconviction relief be currently serving a sentence app | 1 | 1 |
Commonwealth v. Heastergreen1 sentence2021See Commonwealth v. Heaster, 171 A.3d 268, 274 (Pa. Super. 2017). | 1 | 1 |
Commonwealth v. Kimgreen1 sentence2021For example, President Judge Mancini accurately states, “where a defendant raises a defense to first degree murder that he lacked the specific intent to kill the victim, the defendant admits the fact that he shot and killed the victim (he admits criminal liability), and character evidence regarding the defendant’s character for peacefulness is inadmissible.” PCRA Court Opinion, 12/12/19, at 16 (footnote 38, citing Commonwealth v. Kim, 888 A.2d 847, 853-54 (Pa. Super. 2005), omitted). | 1 | 1 |
Commonwealth v. Williamsgreen2 sentences2019“Although the defendant has no burden to prove self- defense, . . . before the defense is properly in issue, there must be some evidence, from whatever source, to justify such a finding.” Commonwealth v. Williams, 176 A.3d 298 , 309 (Pa. Super. 2017), appeal denied, 187 A.3d 908 (Pa. 2018) (citation omitted). 2019“Although the defendant has no burden to prove self- defense, . . . before the defense is properly in issue, there must be some evidence, from whatever source, to justify such a finding.” Commonwealth v. Williams, 176 A.3d 298, 309 (Pa. Super. 2017), appeal denied, 187 A.3d 908 (Pa. 2018) (citation omitted). | 1 | 1 |
Commonwealth v. Venturagreen1 sentence2018Next, Cruz argues trial counsel was ineffective for failing to call Detective Pedro Cruz to testify regarding statements Cruz made to him during an ____________________________________________ 8 See Commonwealth v. Ventura, 975 A.2d 1128, 1143 (Pa. Super. 2009) (holding that when a defendant raises a claim of self-defense, the Commonwealth must disprove the defense by establishing “at least one of the following: (1) the accused did not reasonably believe that he was in danger of death or serious bodily injury; (2) the accused provoked or continued the use of force; or (3) the accused had a dut | 1 | 1 |
Commonwealth v. Harrisgreen1 sentence2017The justified use of deadly -5- J-S63005-17 force requires that: “a) the actor was free from fault in provoking or continuing the difficulty which resulted in the use of deadly force; b) the actor must have reasonably believed that he was in imminent danger of death or serious bodily injury, and that there was a necessity to use such force in order to save himself or others therefrom; and c) the actor did not violate any duty to retreat or to avoid danger.” Id. (citing Commonwealth v. Harris, 665 A.2d 1172, 1174 (Pa. 1995)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Venema, M. v. Moser Builders
green
2 sentences2025Where a defendant raises a defense indicating a statute of repose has lapsed and precludes liability, the defendant has the burden of proof and must show: (1) what is supplied [by defendant] is an improvement to real property; (2) more than twelve years have elapsed between the completion of the improvements to the real estate and the injury; -9- J-A17033-24 and (3) the activity of the moving party must be within the class which is protected by the statute[.] Id. (internal citations, indentation, and unnecessary capitalization omitted). 2025Where a defendant raises a defense indicating a statute of repose has lapsed and precludes liability, the defendant has the burden of proof and must show: (1) what is supplied [by defendant] is an improvement to real property; (2) more than twelve years have elapsed between the completion of the improvements to the real estate and the injury; -9- J-A17033-24 and (3) the activity of the moving party must be within the class which is protected by the statute[.] Id. (internal citations, indentation, and unnecessary capitalization omitted). | 2 | 2025–2025 |
Commonwealth v. Goss
green
2 sentences2019“Although the defendant has no burden to prove self- defense, . . . before the defense is properly in issue, there must be some evidence, from whatever source, to justify such a finding.” Commonwealth v. Williams, 176 A.3d 298 , 309 (Pa. Super. 2017), appeal denied, 187 A.3d 908 (Pa. 2018) (citation omitted). 2019“Although the defendant has no burden to prove self- defense, . . . before the defense is properly in issue, there must be some evidence, from whatever source, to justify such a finding.” Commonwealth v. Williams, 176 A.3d 298, 309 (Pa. Super. 2017), appeal denied, 187 A.3d 908 (Pa. 2018) (citation omitted). | 1 | 2019–2019 |
Commonwealth v. Ward
green
2 sentences2019“When a defendant raises a claim of self- defense by identifying evidence that supports the claim, the Commonwealth has the burden of disproving self-defense beyond a reasonable doubt.” Id. (citation omitted). 2019“When a defendant raises a claim of self- defense by identifying evidence that supports the claim, the Commonwealth has the burden of disproving self-defense beyond a reasonable doubt.” Id. (citation omitted). | 1 | 2019–2019 |
Commonwealth v. Bullock
green
1 sentence2018Commonwealth v. Bullock , 948 A.2d 818 , 824 (Pa.Super. 2008). "[T]he Commonwealth cannot sustain its burden of proof solely on the fact finder's disbelief of the defendant's testimony." Commonwealth v. Torres , 564 Pa. 219 , 766 A.2d 342 , 345 (2001). | 1 | 2018–2018 |
Lott v. Lott
green
1 sentence2018Next, Cruz argues trial counsel was ineffective for failing to call Detective Pedro Cruz to testify regarding statements Cruz made to him during an ____________________________________________ 8 See Commonwealth v. Ventura, 975 A.2d 1128, 1143 (Pa. Super. 2009) (holding that when a defendant raises a claim of self-defense, the Commonwealth must disprove the defense by establishing “at least one of the following: (1) the accused did not reasonably believe that he was in danger of death or serious bodily injury; (2) the accused provoked or continued the use of force; or (3) the accused had a dut | 1 | 2018–2018 |
Commonwealth v. Torres
green
2 sentences2018Commonwealth v. Bullock , 948 A.2d 818 , 824 (Pa.Super. 2008). "[T]he Commonwealth cannot sustain its burden of proof solely on the fact finder's disbelief of the defendant's testimony." Commonwealth v. Torres , 564 Pa. 219 , 766 A.2d 342 , 345 (2001). 2018Commonwealth v. Bullock , 948 A.2d 818 , 824 (Pa.Super. 2008). "[T]he Commonwealth cannot sustain its burden of proof solely on the fact finder's disbelief of the defendant's testimony." Commonwealth v. Torres , 564 Pa. 219 , 766 A.2d 342 , 345 (2001). | 1 | 2018–2018 |
Graves v. State
green
2 sentences1999Graves v. Mississippi, 708 So.2d 858 (Miss.1997). 1999Graves v. Mississippi, 708 So.2d 858 (Miss.1997). | 1 | 1999–1999 |
Fleet Real Estate Funding Corp. v. Smith
green
1 sentence1990Fleet at 127, 530 A.2d at 919 . | 1 | 1990–1990 |
Commonwealth v. Wilson
green
2 sentences1973Joyner v. Brierley, 429 Pa. 156 , 239 A. 2d 434 (1968) ; Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968) ; and Commonwealth v. Henderson, 433 Pa. 585 , 253 A. 2d 109 (1969).” 221 Pa. Superior Ct. at 220 . 1973Joyner v. Brierley, 429 Pa. 156 , 239 A. 2d 434 (1968) ; Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968) ; and Commonwealth v. Henderson, 433 Pa. 585 , 253 A. 2d 109 (1969).” 221 Pa. Superior Ct. at 220 . | 1 | 1973–1973 |
Commonwealth v. Black
neutral
1 sentence1973Joyner v. Brierley, 429 Pa. 156 , 239 A. 2d 434 (1968) ; Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968) ; and Commonwealth v. Henderson, 433 Pa. 585 , 253 A. 2d 109 (1969).” 221 Pa. Superior Ct. at 220 . | 1 | 1973–1973 |
Commonwealth Ex Rel. Joyner v. Brierley
green
2 sentences1973Joyner v. Brierley, 429 Pa. 156 , 239 A. 2d 434 (1968) ; Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968) ; and Commonwealth v. Henderson, 433 Pa. 585 , 253 A. 2d 109 (1969).” 221 Pa. Superior Ct. at 220 . 1973Joyner v. Brierley, 429 Pa. 156 , 239 A. 2d 434 (1968) ; Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968) ; and Commonwealth v. Henderson, 433 Pa. 585 , 253 A. 2d 109 (1969).” 221 Pa. Superior Ct. at 220 . | 1 | 1973–1973 |
Commonwealth v. Henderson
green
2 sentences1973Joyner v. Brierley, 429 Pa. 156 , 239 A. 2d 434 (1968) ; Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968) ; and Commonwealth v. Henderson, 433 Pa. 585 , 253 A. 2d 109 (1969).” 221 Pa. Superior Ct. at 220 . 1973Joyner v. Brierley, 429 Pa. 156 , 239 A. 2d 434 (1968) ; Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968) ; and Commonwealth v. Henderson, 433 Pa. 585 , 253 A. 2d 109 (1969).” 221 Pa. Superior Ct. at 220 . | 1 | 1973–1973 |
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.