17 Pennsylvania opinions name it 2 courts 1843–2024 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. Coulversongreen2 sentences2024Commonwealth v. Coulverson, 34 A.3d 135, 145-146 (Pa. Super. 2011). 2023Commonwealth v. Coulverson, 34 A.3d 135,145-146 ( Pa. Super. 2011). | 3 | 4 |
Hazer v. Zabalagreen1 sentence2018In short, a warrant of attorney to confess judgment is not to be foisted upon anyone by implication or by general and nonspecific reference.”); Egyptian Sands Real Estate, Inc. v. Polony, 294 A.2d 799, 803 (Pa. Super. 1972) (warrant of attorney provision on second page of document will not bind signer of first page); Hazar, 26 A.3d at 1171-1172 (cognovit clause found in addendum to signed commercial lease was unenforceable against lessee where only a reference to the clause appeared in the 32 paragraph, five-page lease and addendum was unsigned). | 1 | 1 |
Egyptian Sands Real Estate, Inc. v. Polonygreen1 sentence2018In short, a warrant of attorney to confess judgment is not to be foisted upon anyone by implication or by general and nonspecific reference.”); Egyptian Sands Real Estate, Inc. v. Polony, 294 A.2d 799, 803 (Pa. Super. 1972) (warrant of attorney provision on second page of document will not bind signer of first page); Hazar, 26 A.3d at 1171-1172 (cognovit clause found in addendum to signed commercial lease was unenforceable against lessee where only a reference to the clause appeared in the 32 paragraph, five-page lease and addendum was unsigned). | 1 | 1 |
S & H Transport, Inc. v. City of Yorkgreen1 sentence2016Id. at 603 (Leadbetter, J., concurring). | 1 | 1 |
Commonwealth v. Faulknergreen2 sentences2008See e.g., Commonwealth v. Faulkner, 528 Pa. 57, 77 , 595 A.2d 28, 89 (1991), cert. denied, 503 U.S. 989 , 112 S.Ct. 1680 , 118 L.Ed.2d 397 (1992) (prosecutor’s comments that defense counsel was “stupid” and that his conduct was “outrageous” did not prejudice the jury); Commonwealth v. D’Amato, 514 Pa. 471, 498-99 , 526 A.2d 300, 313-14 (1987) (no prejudice when prosecutor spoke of the “web of deceit and self-contradiction that you’re offered by the defense”). 2008See e.g., Commonwealth v. Faulkner, 528 Pa. 57, 77 , 595 A.2d 28, 89 (1991), cert. denied, 503 U.S. 989 , 112 S.Ct. 1680 , 118 L.Ed.2d 397 (1992) (prosecutor’s comments that defense counsel was “stupid” and that his conduct was “outrageous” did not prejudice the jury); Commonwealth v. D’Amato, 514 Pa. 471, 498-99 , 526 A.2d 300, 313-14 (1987) (no prejudice when prosecutor spoke of the “web of deceit and self-contradiction that you’re offered by the defense”). | 1 | 1 |
In Re Nomination Petition of Shuligreen2 sentences2008See e.g., Commonwealth v. Faulkner, 528 Pa. 57, 77 , 595 A.2d 28, 89 (1991), cert. denied, 503 U.S. 989 , 112 S.Ct. 1680 , 118 L.Ed.2d 397 (1992) (prosecutor’s comments that defense counsel was “stupid” and that his conduct was “outrageous” did not prejudice the jury); Commonwealth v. D’Amato, 514 Pa. 471, 498-99 , 526 A.2d 300, 313-14 (1987) (no prejudice when prosecutor spoke of the “web of deceit and self-contradiction that you’re offered by the defense”). 2008See e.g., Commonwealth v. Faulkner, 528 Pa. 57, 77 , 595 A.2d 28, 89 (1991), cert. denied, 503 U.S. 989 , 112 S.Ct. 1680 , 118 L.Ed.2d 397 (1992) (prosecutor’s comments that defense counsel was “stupid” and that his conduct was “outrageous” did not prejudice the jury); Commonwealth v. D’Amato, 514 Pa. 471, 498-99 , 526 A.2d 300, 313-14 (1987) (no prejudice when prosecutor spoke of the “web of deceit and self-contradiction that you’re offered by the defense”). | 1 | 1 |
Jeffress v. Petersongreen1 sentence2008See e.g., Commonwealth v. Faulkner, 528 Pa. 57, 77 , 595 A.2d 28, 89 (1991), cert. denied, 503 U.S. 989 , 112 S.Ct. 1680 , 118 L.Ed.2d 397 (1992) (prosecutor’s comments that defense counsel was “stupid” and that his conduct was “outrageous” did not prejudice the jury); Commonwealth v. D’Amato, 514 Pa. 471, 498-99 , 526 A.2d 300, 313-14 (1987) (no prejudice when prosecutor spoke of the “web of deceit and self-contradiction that you’re offered by the defense”). | 1 | 1 |
Faulkner v. Pennsylvaniagreen1 sentence2008See e.g., Commonwealth v. Faulkner, 528 Pa. 57, 77 , 595 A.2d 28, 89 (1991), cert. denied, 503 U.S. 989 , 112 S.Ct. 1680 , 118 L.Ed.2d 397 (1992) (prosecutor’s comments that defense counsel was “stupid” and that his conduct was “outrageous” did not prejudice the jury); Commonwealth v. D’Amato, 514 Pa. 471, 498-99 , 526 A.2d 300, 313-14 (1987) (no prejudice when prosecutor spoke of the “web of deceit and self-contradiction that you’re offered by the defense”). | 1 | 1 |
Elkin v. Bell Tel. Co. of Pennsylvaniagreen2 sentences2004Although this Court’s decisions concerning the doctrine of primary jurisdiction have generally concerned its judicial invocation, see, e.g., Elkin v. Bell Tel Co. of Pa., 491 Pa. 123, 132-34 , 420 A.2d 371, 376-77 (1980), statutory primary jurisdiction exists when a legislative enactment “specifically requires courts to apply the primary jurisdiction doctrine to a class of disputes.” Kenneth Culp Davis and RiohARD J. 2004Although this Court’s decisions concerning the doctrine of primary jurisdiction have generally concerned its judicial invocation, see, e.g., Elkin v. Bell Tel Co. of Pa., 491 Pa. 123, 132-34 , 420 A.2d 371, 376-77 (1980), statutory primary jurisdiction exists when a legislative enactment “specifically requires courts to apply the primary jurisdiction doctrine to a class of disputes.” Kenneth Culp Davis and RiohARD J. | 1 | 1 |
Commonwealth v. Stakleygreen2 sentences2000See Commonwealth v. Stakley, 243 Pa.Super. 426 , 365 A.2d 1298, 1300 (1976) (“If defendant delves into what would be objectionable testimony on the part of the Commonwealth, then the Commonwealth can probe further into the objectionable area.”) Indeed, as stated by Justice Flaherty in his dissent in Smith , the prosecutor’s reference to the suppressed evidence would strongly have prejudiced the jury in favor of deductions not legitimately to be derived from the admissible evidence. 2000See Commonwealth v. Stakley, 243 Pa.Super. 426 , 365 A.2d 1298, 1300 (1976) (“If defendant delves into what would be objectionable testimony on the part of the Commonwealth, then the Commonwealth can probe further into the objectionable area.”) Indeed, as stated by Justice Flaherty in his dissent in Smith , the prosecutor’s reference to the suppressed evidence would strongly have prejudiced the jury in favor of deductions not legitimately to be derived from the admissible evidence. | 1 | 1 |
Commonwealth v. Zettlemoyergreen1 sentence1995See Zettlemoyer, supra, at 16 , 454 A.2d 937 ; Graham, supra, at 115 , 560 A.2d 129 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rhoades v. Pryce
green
1 sentence2015This court must place great reliance on the sound ____________________________________________ 4 The most recent trial court docket sheet provided to this Court does not contain a reference to the hearing, and no transcript has been provided as part of the supplemental record. -4- J-A18037-14 discretion of the trial judge when reviewing an order of contempt.” Rhoades v. Pryce, 874 A.2d 148 (Pa. Super. 2005) (citations omitted). | 1 | 2015–2015 |
Commonwealth v. Graham
green
2 sentences1995See Zettlemoyer, supra, at 16 , 454 A.2d 937 ; Graham, supra, at 115 , 560 A.2d 129 . 1995See Zettlemoyer, supra, at 16 , 454 A.2d 937 ; Graham, supra, at 115 , 560 A.2d 129 . | 1 | 1995–1995 |
Kentucky v. Whorton
green
2 sentences1987In Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1979), however, the Supreme Court of the United States held that the failure to give a requested instruction on the presumption of innocence does not in and of itself violate the Constitution. 1987In Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1979), however, the Supreme Court of the United States held that the failure to give a requested instruction on the presumption of innocence does not in and of itself violate the Constitution. | 1 | 1987–1987 |
Commonwealth v. Johnson
green
2 sentences1982Commonwealth v. Johnson, 441 Pa. 237 , 272 A.2d 467 (1971). 1982Commonwealth v. Johnson, 441 Pa. 237 , 272 A.2d 467 (1971). | 1 | 1982–1982 |
Commonwealth v. Collins
green
2 sentences1979Commonwealth v. Collins, 462 Pa. 495 , 341 A.2d 492 (1975), involved a multitude of improper comments including: 1) a plea to let the community know citizens will not put up with viciousness and violence; 2) a call to push for justice or push the fifth, that is, heroin; and, 3) a reference to defense witnesses as liars. 1979Commonwealth v. Collins, 462 Pa. 495 , 341 A.2d 492 (1975), involved a multitude of improper comments including: 1) a plea to let the community know citizens will not put up with viciousness and violence; 2) a call to push for justice or push the fifth, that is, heroin; and, 3) a reference to defense witnesses as liars. | 1 | 1979–1979 |
State Trading Corp. v. Rosen
neutral
1 sentence1941In State Trading Corp v. Rosen, 9 A. (2d) 289, 290, 126 Conn. 37 (1939) the identical situation was in issue, and the court, in following the view of the Heller case, supra, said: “ ‘The reference clause is separate and distinct from the rest of the note.......There is nothing to show that it was intended to qualify the promise to pay rather than to explain merely the occasion or the circumstances of its execution. | 1 | 1941–1941 |
Strand Amusement Co. v. Fox
green
2 sentences1941Its detachment, both physically and grammatically, from the essential parts of the note, would seem, however, to invite, as more rational, the conjecture that it was merely an explanation of the note as a whole — a memorandum to identify it by connecting its execution with an existing agreement “as per,” that is, in accordance with, or pursuant to, which it was made.’ Strand Amusement Co. v. Fox, 205 Ala. 183, 185 , 87 So. 332, 334 , 14 A. L. 1941Its detachment, both physically and grammatically, from the essential parts of the note, would seem, however, to invite, as more rational, the conjecture that it was merely an explanation of the note as a whole — a memorandum to identify it by connecting its execution with an existing agreement “as per,” that is, in accordance with, or pursuant to, which it was made.’ Strand Amusement Co. v. Fox, 205 Ala. 183, 185 , 87 So. 332, 334 , 14 A. L. | 1 | 1941–1941 |
Provenchere's Appeal
green
1 sentence1913When a legacy is given by a direction to pay when the legatee attains a certain age, the direction to pay may import either a gift at a specified age or a present gift with a postponed payment; and if the interest is given in the meantime, it shows that a present gift was intended: Provenchere’s Appeal, 67 Pa. 463 .” Further; it is to be observed that the reference in the clause providing against the death of either of the grandchildren in his or her minority, is to “the shares of the one so dying.” The significance of this expression is obvious. | 1 | 1913–1913 |
Smith's Estate
green
1 sentence1913In referring to it as it occurred in a will under consideration in Smith’s Estate, 226 Pa. 304 , our Brother Potter there remarks: “He (the testator) refers to the shares of those who were minors at the time of his death, and directs that such shares were to continue to accumulate until the minors respectively became twenty-one years old, when they were to receive the same. | 1 | 1913–1913 |
Patterson v. Hawthorn
neutral
1 sentence1843Patterson v. Hawthorn, ( 12 Serg. & Rawle 112 ); King v. King, ( 1 Watts & Serg. 206 ), The understanding of the testator would seem to be, that both clauses in this respect were alike : and such intention would have a paramount influence in interpreting an ambiguous bequest in the same will, it being a settled rule in the construction of wills, as well as of deeds and other instruments, that the whole is to be taken together, and the design is to be gathered from a comparison of the various provisions and clauses. | 1 | 1843–1843 |
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.
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.