Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
111 Pennsylvania opinions name it 14 courts 1911–2026 17 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. Smithgreen2 sentences2023Commonwealth v. Sheets, ___ A.3d ___, 2023 PA Super 154, at *13 (Pa. Super. filed August 10, 2023); Commonwealth v. Smith, 206 A.3d 551, 567 (Pa. Super. 2019); Dempster, 187 A.3d at 272-73 . 2021Commonwealth v. Smith, 206 A.3d 551, 567 (Pa. Super. 2019). | 4 | 4 |
Commonwealth v. Trefrygreen2 sentences1988In the earlier case of Commonwealth v. Trefry, 249 Pa.Super. 117 , 375 A.2d 786 (1977), this Court held: “At trial, the results of a test, as indicative of intoxication at a relevant point in time, may be attacked or contradicted by any competent evidence. 1988In the earlier case of Commonwealth v. Trefry, 249 Pa.Super. 117 , 375 A.2d 786 (1977), this Court held: “At trial, the results of a test, as indicative of intoxication at a relevant point in time, may be attacked or contradicted by any competent evidence. | 3 | 4 |
Forest Highlands Community Ass'n v. Hammergreen2 sentences2018See Forest Highlands Cmty. -5- J-A09045-18 Ass’n v. Hammer, 879 A.2d 223, 229 (Pa. Super. 2004). 2018See Forest Highlands Cmty. -5- J-A09045-18 Ass’n v. Hammer, 879 A.2d 223, 229 (Pa. Super. 2004). | 3 | 3 |
Commonwealth v. Talleygreen2 sentences1980Neither may defendant introduce the results of such a test, Commonwealth v. Brooks, supra, (opinion of O’Brien, J., joined by Pomeroy, J.); see, Commonwealth v. Talley, 456 Pa. 574 , 318 A.2d 922 (1974) (opinion of O’Brien, J.), or evidence that he was willing to take such a test, Commonwealth v. Saunders, supra. Id., 270 Pa.Super. at 11 , 410 A.3d at 871. 4 Eight days after the lower court imposed the sentences, appellant, pursuant to Pa.R.Crim.P., Rule 1410, filed a motion to modify the sentences. 1980Neither may defendant introduce the results of such a test, Commonwealth v. Brooks, supra, (opinion of O’Brien, J., joined by Pomeroy, J.); see, Commonwealth v. Talley, 456 Pa. 574 , 318 A.2d 922 (1974) (opinion of O’Brien, J.), or evidence that he was willing to take such a test, Commonwealth v. Saunders, supra. Id., 270 Pa.Super. at 11 , 410 A.3d at 871. 4 Eight days after the lower court imposed the sentences, appellant, pursuant to Pa.R.Crim.P., Rule 1410, filed a motion to modify the sentences. | 2 | 2 |
Com. v. Clary, T.green1 sentence2026See Clary, 226 A.3d at 579 n.7. | 1 | 1 |
Commonwealth v. Reid, A., Apltgreen1 sentence2026See Commonwealth v. Reid, 99 A.3d 427, 437 (Pa. 2014). | 1 | 1 |
Orange Stones Co. v. City of Reading, Zoning Hearing Boardgreen1 sentence2024Orange Stones Co. v. City of Reading, 32 A.3d 287, 291 (Pa. Cmwlth. 2011); see also Pa.R.A.P. 302(a). | 1 | 1 |
Commonwealth v. Currygreen1 sentence2023See Commonwealth v. Baez, 169 A.3d 35, 41 (Pa.Super. 2017) (holding appellant waived claim on appeal regarding why he was entitled to withdraw his guilty plea that was not advanced before trial court); Commonwealth v. Reeves, 907 A.2d 1 (Pa.Super. 2006), appeal denied, 591 Pa. 712 , 919 A.2d 956 (2007) (explaining that appellant is obligated to give trial court notice in Rule 1925(b) statement as to what court should address in its Rule 1925(a) opinion; where specific issue raised on appeal was not presented to court in concise statement such that court had opportunity to address claim in its | 1 | 1 |
Com. v. Mulkin, O.green1 sentence2023Pa.R.A.P. 2119(b); see Commonwealth v. Mulkin, 228 A.3d 913, 917 (Pa. Super. 2020) (noting that failure to develop an argument with citation to pertinent authority results in waiver). | 1 | 1 |
Com. v. Sheets, R.green1 sentence2023Commonwealth v. Sheets, ___ A.3d ___, 2023 PA Super 154, at *13 (Pa. Super. filed August 10, 2023); Commonwealth v. Smith, 206 A.3d 551, 567 (Pa. Super. 2019); Dempster, 187 A.3d at 272-73 . | 1 | 1 |
Commonwealth v. Lincolngreen1 sentence2023See Commonwealth v. Lincoln, 72 A.3d 606, 609-10 (Pa. Super. 2013) (“A defendant wishing to challenge the voluntariness of a guilty plea … must either object during the plea colloquy or file a motion to withdraw the plea within ten days of sentencing. | 1 | 1 |
Com. v. Washingtongreen1 sentence2022See Commonwealth v. Washington, 825 A.2d 1264, 1266 (Pa. Super. 2003) (holding that the failure to raise a weight challenge before the trial court results in waiver of the claim on appeal). | 1 | 1 |
Commonwealth v. Yohegreen1 sentence2022Commonwealth v. Yohe, 79 A.3d 520, 555 (Pa. 2013). | 1 | 1 |
Commonwealth v. Sherwoodgreen1 sentence2021Commonwealth v. Sherwood, 982 A.2d 483, 494 (Pa. 2009); Commonwealth v. Cox, 231 A.3d 1011, 1018 (Pa. Super. 2020). | 1 | 1 |
Bednarek v. Velazquezgreen1 sentence2021Instead, Father continued with the hearing and in fact, presented his position to the court first and prior to any presentation by Mr. Bertin. [See Bednarek v. Velasquez], 830 A.2d 1267, 1270 (Pa.Super. 2003) (holding that acquiescence to a procedure employed by the trial court results in waiver of any challenge to that procedure on appeal). | 1 | 1 |
Commonwealth v. Robinsongreen2 sentences2021See, e.g., Commonwealth v. Robinson, 670 A.2d 616, 620 (Pa. 1995) (collecting cases holding that failure to raise issue before the trial court results in waiver); Pa.R.A.P. 302. 2021Id. | 1 | 1 |
Com. v. Cox, V., Jr.green1 sentence2021Commonwealth v. Sherwood, 982 A.2d 483, 494 (Pa. 2009); Commonwealth v. Cox, 231 A.3d 1011, 1018 (Pa. Super. 2020). | 1 | 1 |
Commonwealth v. Mourygreen1 sentence2020Commonwealth v. Moury, 992 A.2d 162, 170 (Pa. Super. 2010). | 1 | 1 |
Commonwealth v. Napoldgreen1 sentence2020See Commonwealth v. Napold, 170 A.3d 1165, 1168 (Pa. Super. -8- J-A30034-19 error in the denial of Appellant’s suppression motion on this ground. | 1 | 1 |
| Burnhauser v. Bumbergergreen | 1 | 1 |
Dollar Bank v. Swartzgreen2 sentences2019Pa. R.A.P. 302(a); Dollar Bank v. Swartz, 540 Pa. 369 , 657 A.2d 1242, 1245 (1995) (citations omitted) (“It is - 11 - J-S18042-19 a fundamental principle of appellate review that we will not reverse a judgment or decree on a theory that was not presented to the trial court.”). 2019Pa. R.A.P. 302(a); Dollar Bank v. Swartz, 540 Pa. 369 , 657 A.2d 1242, 1245 (1995) (citations omitted) (“It is - 11 - J-S18042-19 a fundamental principle of appellate review that we will not reverse a judgment or decree on a theory that was not presented to the trial court.”). | 1 | 1 |
| Commonwealth v. Lopezgreen | 1 | 1 |
| Commonwealth v. Kinneygreen | 1 | 1 |
| Commonwealth v. Petrollgreen | 1 | 1 |
| Commonwealth v. Stringergreen | 1 | 1 |
| Commonwealth v. Bryantgreen | 1 | 1 |
| Commonwealth v. Bartongreen | 1 | 1 |
| Commonwealth v. Son Truonggreen | 1 | 1 |
| E.D. v. M.P.green | 1 | 1 |
| Commonwealth v. Birdsonggreen | 1 | 1 |
| Commonwealth v. Smithgreen | 1 | 1 |
| In re Estate of Boylegreen | 1 | 1 |
| Sonnier v. Craingreen | 1 | 1 |
| Commonwealth v. Caingreen | 1 | 1 |
| Ellison v. Lopezgreen | 1 | 1 |
| Commonwealth v. Natividadgreen | 1 | 1 |
| COM., DEPT. OF TRANS. v. Scottgreen | 1 | 1 |
| Jones v. Trojakgreen | 1 | 1 |
| Books v. Commonwealthgreen | 1 | 1 |
| Commonwealth v. Haynosgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Miles
green
2 sentences1974It is a factual determination not a legal determination.” ( 8 Pa. Commonwealth Ct. at 551 , 304 A. 2d at 708 .) See also Bureau of Traffic Safety v. Drugotch, 9 Pa. Commonwealth Ct. 460 , 308 A. 2d 183 (1973). 1974It is a factual determination not a legal determination.” ( 8 Pa. Commonwealth Ct. at 551 , 304 A. 2d at 708 .) See also Bureau of Traffic Safety v. Drugotch, 9 Pa. Commonwealth Ct. 460 , 308 A. 2d 183 (1973). | 4 | 1973–1974 |
Miranda v. Arizona
green
2 sentences2017The suppression court denied Brophy- Desante’s Motion to suppress. 3 A NIK test (Narcotic Identification Kit) is a presumptive field test used to identify drugs and controlled substances. 4 A sample of the substance was also sent to the state police lab for testing, but the results of that test were not available at the time of the pretrial hearing. 5 Miranda v. Arizona, 384 U.S. 436 (1966). -3- J-A15031-17 Following a jury trial, Brophy-Desante was convicted of one count of possession of a controlled substance. 1970This officer then proceeded, for the first time, to inform Bennett of his rights pursuant to the formula mandated by Miranda, v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602 (1966). | 2 | 1970–2017 |
Commonwealth v. Saunders
green
2 sentences1974The appellate courts in Pennsylvania have repeatedly held that the results of a polygraph examination are not admissible evidence for any purpose: Commonwealth v. Saunders, 386 Pa. 149 , 125 A. 2d 442 (1956); Commonwealth v. McKinley, 181 Pa. Superior Ct. 610 , 123 A. 2d 735 (1956); Commonwealth ex rel. 1974The appellate courts in Pennsylvania have repeatedly held that the results of a polygraph examination are not admissible evidence for any purpose: Commonwealth v. Saunders, 386 Pa. 149 , 125 A. 2d 442 (1956); Commonwealth v. McKinley, 181 Pa. Superior Ct. 610 , 123 A. 2d 735 (1956); Commonwealth ex rel. | 2 | 1971–1974 |
Irvin v. Bleakley
neutral
2 sentences1933In the case of Irvin v. Bleakley, 67 Pa. 24, 28 , the court said: “The vendee must tender the unpaid purchase money, as a general thing, whether he wishes to rescind or enforce the agreement......There were two other judgments against the defendant and others, amounting to some six or seven thousand dollars, which the purchase money in the hands of the plaintiffs would nearly three times over have satisfied. 1911The vendee must tender the unpaid purchase money, as a general thing, whether he wishes to rescind or to enforce the agreement; this results from the principle that a party himself in default, has no right to insist on rescission while in default: Irvin v. Bleakley, 67 Pa. 24 . | 2 | 1911–1933 |
Bs v. Tm
green
1 sentence2024B.S., 782 A.2d at 1031-32 . [J-61-2023] - 20 and her husband “voluntarily gave up the benefit of the presumption for approximately one year after which they claimed the benefits of its existence,” the court found that any damage to the marriage was “water under the bridge,” as the couple had reconciled with complete awareness of the events that occurred. | 1 | 2024–2024 |
Commonwealth v. Dempster
green
1 sentence2023Commonwealth v. Sheets, ___ A.3d ___, 2023 PA Super 154, at *13 (Pa. Super. filed August 10, 2023); Commonwealth v. Smith, 206 A.3d 551, 567 (Pa. Super. 2019); Dempster, 187 A.3d at 272-73 . | 1 | 2023–2023 |
Commonwealth v. Reeves
green
1 sentence2023See Commonwealth v. Baez, 169 A.3d 35, 41 (Pa.Super. 2017) (holding appellant waived claim on appeal regarding why he was entitled to withdraw his guilty plea that was not advanced before trial court); Commonwealth v. Reeves, 907 A.2d 1 (Pa.Super. 2006), appeal denied, 591 Pa. 712 , 919 A.2d 956 (2007) (explaining that appellant is obligated to give trial court notice in Rule 1925(b) statement as to what court should address in its Rule 1925(a) opinion; where specific issue raised on appeal was not presented to court in concise statement such that court had opportunity to address claim in its | 1 | 2023–2023 |
Commonwealth, Aplt. v. Myers, D.
green
1 sentence2022The police officer requested the results of that test under the authority of a different statute[, Section 3755].” Myers, 164 A.3d at 670 n. 14. [J-41-2022] - 17 Because the record does not establish that Section 3755 applied under these circumstances, the subsequent analysis of the statute’s constitutionality should not be addressed. | 1 | 2022–2022 |
Boseman v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
green
2 sentences2021In holding the test results were admissible, the trial court stated that “[t]he evidence was admitted specifically for the purpose of establishing that [Licensee] was driving in an intoxicated state and not to show any culpability for [DUI].” (Trial ct. op. at 7.) Lastly, the trial court addressed Licensee’s claim that the license suspension was “illegal as an unconstitutional civil penalty imposed on an individual’s exercise of the Fourth Amendment right to refuse consent to a warrantless search.” (Trial ct. op., at 7.) Relying on Boseman v. Department of Transportation, Bureau of Licensing, 2021In holding the test results were admissible, the trial court stated that “[t]he evidence was admitted specifically for the purpose of establishing that [Licensee] was driving in an intoxicated state and not to show any culpability for [DUI].” (Trial ct. op. at 7.) Lastly, the trial court addressed Licensee’s claim that the license suspension was “illegal as an unconstitutional civil penalty imposed on an individual’s exercise of the Fourth Amendment right to refuse consent to a warrantless search.” (Trial ct. op., at 7.) Relying on Boseman v. Department of Transportation, Bureau of Licensing, | 1 | 2021–2021 |
Commonwealth v. Janda
green
1 sentence2019Janda, 14 A.3d at 164 . | 1 | 2019–2019 |
| Gephart v. Gephart green | 1 | 2019–2019 |
| Commonwealth v. Chmiel green | 1 | 2019–2019 |
| Commonwealth v. Apollo green | 1 | 2018–2018 |
| Commonwealth v. Speights green | 1 | 2017–2017 |
| Commonwealth v. Mallory green | 1 | 2015–2015 |
| Walls v. Scheckler green | 1 | 2015–2015 |
| Commonwealth v. Wilson green | 1 | 2014–2014 |
| Brady v. Maryland green | 1 | 2013–2013 |
| Commonwealth v. Smith green | 1 | 2013–2013 |
| Commonwealth v. Yohe green | 1 | 2013–2013 |
| Sonnier v. Crain green | 1 | 2013–2013 |
| Com. v. Cartwright green | 1 | 2012–2012 |
| Commonwealth v. Sneeringer green | 1 | 2000–2000 |
| Commonwealth v. Steadley green | 1 | 2000–2000 |
| Merriweather v. Philadelphia Newspapers, Inc. green | 1 | 1999–1999 |
| Commonwealth v. Hipp green | 1 | 1997–1997 |
| Commonwealth v. Eisenhart green | 1 | 1994–1994 |
| Commonwealth v. Orlando neutral | 1 | 1994–1994 |
| Wong Sun v. United States green | 1 | 1994–1994 |
| Commonwealth v. MacKie green | 1 | 1994–1994 |
| In Re Apepal From Susupension of Operator's License of Budd green | 1 | 1994–1994 |
| Commonwealth v. Mabrey green | 1 | 1994–1994 |
| Martin v. Lancaster Battery Co., Inc. green | 1 | 1993–1993 |
| Commonwealth v. Modaffare green | 1 | 1993–1993 |
| Commonwealth v. Gonzalez green | 1 | 1992–1992 |
| Commonwealth v. Tarbert green | 1 | 1992–1992 |
| Commonwealth v. Hadfield green | 1 | 1991–1991 |
| Commonwealth v. Bennett green | 1 | 1991–1991 |
| Bartle v. Bartle green | 1 | 1991–1991 |
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.