bare challenge in Pennsylvania

16 Pennsylvania opinions name it 3 courts 1980–2026 5 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 (5)

Case	Followed	Cited
Commonwealth v. Zirklegreen pa · 2014 · cited in 8 Pennsylvania opinions naming this issue, 2018–2023 2 sentences 2023Commonwealth v. Zirkle, 107 A.3d 127, 133 (Pa. Super. 2014); Moury, 992 A.2d at 171 (“[W]here a sentence is within the standard range of the guidelines, Pennsylvania law views the sentence as appropriate under the Sentencing Code.”). 2023Commonwealth v. Zirkle, 107 A.3d 127, 133 (Pa.Super. 2014); Moury, 992 A.2d at 171 (“[W]here a sentence is within the standard range of the guidelines, Pennsylvania law views the sentence as appropriate under the Sentencing Code.”).	7	8
Commonwealth v. Mourygreen pasuperct · 2010 · cited in 7 Pennsylvania opinions naming this issue, 2018–2026 2 sentences 2026Commonwealth v. Moury, 992 A.2d 162, 171-72 (Pa. Super. 2010). 2023Commonwealth v. Zirkle, 107 A.3d 127, 133 (Pa.Super. 2014); Moury, 992 A.2d at 171 (“[W]here a sentence is within the standard range of the guidelines, Pennsylvania law views the sentence as appropriate under the Sentencing Code.”).	7	7
Trigg v. Children's Hosp. of Pittsburgh of UPMCgreen pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021 1 sentence 2021Consistent with the requirements of Trigg v. Children's Hospital, 187 A.3d 1013, 1018 (Pa. Super.	1	1
Commonwealth v. Herrongreen pa · 1977 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014 2 sentences 2014See, e.g., Commonwealth v. Herron, 475 Pa. 461 , 380 A.2d 1228, 1230 (1977) (stating that, “before disclosure of an informer’s identity is required in the face of the Commonwealth’s assertion of privilege, more is necessary than a mere assertion by the defendant that such disclosure might be helpful in establishing a particular defense.”). 2014See, e.g., Commonwealth v. Herron, 475 Pa. 461 , 380 A.2d 1228, 1230 (1977) (stating that, “before disclosure of an informer’s identity is required in the face of the Commonwealth’s assertion of privilege, more is necessary than a mere assertion by the defendant that such disclosure might be helpful in establishing a particular defense.”).	1	1
Wilson v. Commonwealthgreen pacommwct · 1990 · cited in 1 Pennsylvania opinions naming this issue, 1992–1992 2 sentences 1992As we said in Wilson v. Department of Transportation, 135 Pa.Commonwealth Ct. 339, 348, 581 A.2d 252, 257 (1990), “the object of O’Connell was to assure that drivers do not lose their licenses for refusals that were not knowing and conscious.” We believe that because the concern in O’Connell relates to assisting licensees to make knowing and conscious refusals, a goal which can only be achieved by providing them with relevant information as to their rights, a bare warning that Miranda rights do not apply to the testing procedures is insufficient. 1992As we said in Wilson v. Department of Transportation, 135 Pa.Commonwealth Ct. 339, 348, 581 A.2d 252, 257 (1990), "the object of O'Connell was to assure that drivers do not lose their licenses for refusals that were not knowing and conscious." We believe that because the concern in O'Connell relates to assisting licensees to make knowing and conscious refusals, a goal which can only be achieved by providing them with relevant information as to their rights, a bare warning that Miranda rights do not apply to the testing procedures is insufficient.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Commonwealth v. Bauer green pasuperct · 1992 1 sentence 2015While Appellant cites to Commonwealth v. Wilson, 946 A.2d 767 (Pa. Super. 2008), Commonwealth v. Dodge, 957 A.2d 1198 (Pa. Super. 2008), Commonwealth v. Whitman, 880 A.2d 1250 (Pa. Super. 2005), reversed on other grounds, 918 A.2d 115 (Pa. 2007), Commonwealth v. Bauer, 604 A.2d 1098 (Pa. Super. 1992), reversed on other grounds, 618 A.2d 396 (Pa. 1993), Commonwealth v. Rizzi, 586 A.2d 1380 (Pa. Super. 1991), and Commonwealth v. Parrish, 490 A.2d 905 (Pa. Super. 1985), as examples of cases where this Court found that consecutive sentences were excessive, none of those cases involved third degree	1	2015–2015
Commonwealth v. Whitman green pasuperct · 2005 1 sentence 2015While Appellant cites to Commonwealth v. Wilson, 946 A.2d 767 (Pa. Super. 2008), Commonwealth v. Dodge, 957 A.2d 1198 (Pa. Super. 2008), Commonwealth v. Whitman, 880 A.2d 1250 (Pa. Super. 2005), reversed on other grounds, 918 A.2d 115 (Pa. 2007), Commonwealth v. Bauer, 604 A.2d 1098 (Pa. Super. 1992), reversed on other grounds, 618 A.2d 396 (Pa. 1993), Commonwealth v. Rizzi, 586 A.2d 1380 (Pa. Super. 1991), and Commonwealth v. Parrish, 490 A.2d 905 (Pa. Super. 1985), as examples of cases where this Court found that consecutive sentences were excessive, none of those cases involved third degree	1	2015–2015
Commonwealth v. Bauer green pa · 1993 1 sentence 2015While Appellant cites to Commonwealth v. Wilson, 946 A.2d 767 (Pa. Super. 2008), Commonwealth v. Dodge, 957 A.2d 1198 (Pa. Super. 2008), Commonwealth v. Whitman, 880 A.2d 1250 (Pa. Super. 2005), reversed on other grounds, 918 A.2d 115 (Pa. 2007), Commonwealth v. Bauer, 604 A.2d 1098 (Pa. Super. 1992), reversed on other grounds, 618 A.2d 396 (Pa. 1993), Commonwealth v. Rizzi, 586 A.2d 1380 (Pa. Super. 1991), and Commonwealth v. Parrish, 490 A.2d 905 (Pa. Super. 1985), as examples of cases where this Court found that consecutive sentences were excessive, none of those cases involved third degree	1	2015–2015
Commonwealth v. Rizzi green pasuperct · 1991 1 sentence 2015While Appellant cites to Commonwealth v. Wilson, 946 A.2d 767 (Pa. Super. 2008), Commonwealth v. Dodge, 957 A.2d 1198 (Pa. Super. 2008), Commonwealth v. Whitman, 880 A.2d 1250 (Pa. Super. 2005), reversed on other grounds, 918 A.2d 115 (Pa. 2007), Commonwealth v. Bauer, 604 A.2d 1098 (Pa. Super. 1992), reversed on other grounds, 618 A.2d 396 (Pa. 1993), Commonwealth v. Rizzi, 586 A.2d 1380 (Pa. Super. 1991), and Commonwealth v. Parrish, 490 A.2d 905 (Pa. Super. 1985), as examples of cases where this Court found that consecutive sentences were excessive, none of those cases involved third degree	1	2015–2015
Commonwealth v. Parrish green pa · 1985 1 sentence 2015While Appellant cites to Commonwealth v. Wilson, 946 A.2d 767 (Pa. Super. 2008), Commonwealth v. Dodge, 957 A.2d 1198 (Pa. Super. 2008), Commonwealth v. Whitman, 880 A.2d 1250 (Pa. Super. 2005), reversed on other grounds, 918 A.2d 115 (Pa. 2007), Commonwealth v. Bauer, 604 A.2d 1098 (Pa. Super. 1992), reversed on other grounds, 618 A.2d 396 (Pa. 1993), Commonwealth v. Rizzi, 586 A.2d 1380 (Pa. Super. 1991), and Commonwealth v. Parrish, 490 A.2d 905 (Pa. Super. 1985), as examples of cases where this Court found that consecutive sentences were excessive, none of those cases involved third degree	1	2015–2015
Commonwealth v. Dodge green pasuperct · 2008 1 sentence 2015While Appellant cites to Commonwealth v. Wilson, 946 A.2d 767 (Pa. Super. 2008), Commonwealth v. Dodge, 957 A.2d 1198 (Pa. Super. 2008), Commonwealth v. Whitman, 880 A.2d 1250 (Pa. Super. 2005), reversed on other grounds, 918 A.2d 115 (Pa. 2007), Commonwealth v. Bauer, 604 A.2d 1098 (Pa. Super. 1992), reversed on other grounds, 618 A.2d 396 (Pa. 1993), Commonwealth v. Rizzi, 586 A.2d 1380 (Pa. Super. 1991), and Commonwealth v. Parrish, 490 A.2d 905 (Pa. Super. 1985), as examples of cases where this Court found that consecutive sentences were excessive, none of those cases involved third degree	1	2015–2015
Commonwealth v. Whitman green pa · 2007 1 sentence 2015While Appellant cites to Commonwealth v. Wilson, 946 A.2d 767 (Pa. Super. 2008), Commonwealth v. Dodge, 957 A.2d 1198 (Pa. Super. 2008), Commonwealth v. Whitman, 880 A.2d 1250 (Pa. Super. 2005), reversed on other grounds, 918 A.2d 115 (Pa. 2007), Commonwealth v. Bauer, 604 A.2d 1098 (Pa. Super. 1992), reversed on other grounds, 618 A.2d 396 (Pa. 1993), Commonwealth v. Rizzi, 586 A.2d 1380 (Pa. Super. 1991), and Commonwealth v. Parrish, 490 A.2d 905 (Pa. Super. 1985), as examples of cases where this Court found that consecutive sentences were excessive, none of those cases involved third degree	1	2015–2015
Commonwealth v. Wilson green pasuperct · 2008 1 sentence 2015While Appellant cites to Commonwealth v. Wilson, 946 A.2d 767 (Pa. Super. 2008), Commonwealth v. Dodge, 957 A.2d 1198 (Pa. Super. 2008), Commonwealth v. Whitman, 880 A.2d 1250 (Pa. Super. 2005), reversed on other grounds, 918 A.2d 115 (Pa. 2007), Commonwealth v. Bauer, 604 A.2d 1098 (Pa. Super. 1992), reversed on other grounds, 618 A.2d 396 (Pa. 1993), Commonwealth v. Rizzi, 586 A.2d 1380 (Pa. Super. 1991), and Commonwealth v. Parrish, 490 A.2d 905 (Pa. Super. 1985), as examples of cases where this Court found that consecutive sentences were excessive, none of those cases involved third degree	1	2015–2015
Commonwealth v. Simmons green pa · 1995 1 sentence 1999Id. at 92 n. 33.	1	1999–1999
Commonwealth v. Fiorini green pasuperct · 1978 2 sentences 1980Commonwealth v. Fiorini, 257 Pa.Super. 185 , 390 A.2d 774 (1978). 1980Commonwealth v. Fiorini, 257 Pa.Super. 185 , 390 A.2d 774 (1978).	1	1980–1980

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 907 (4) PA § 18 Pa. Cons. Stat. § 2702 (3) PA § 18 Pa. Cons. Stat. § 6105 (3)

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 299 (1993–2026) TX 85 (1924–2025) NY 28 (1889–2021) CA 17 (1932–2024) IL 17 (1871–2022) PA 16 (1980–2026) ID 13 (1981–2026) AL 9 (1914–2014) NV 8 (2013–2020) TN 7 (1918–1974) VA 7 (2000–2025) NJ 7 (1989–2022) FL 6 (1933–2025) WA 6 (1931–2018) MO 5 (1967–1999) GA 4 (1899–1977) MI 4 (1975–2022) NC 4 (1904–2005) MA 4 (1983–2024) CT 3 (1933–2009) OK 3 (1906–2023) DC 3 (1981–2005) OH 3 (1971–2019) OR 3 (1890–1956) ND 2 (1952–1980) SD 2 (2000–2000) IA 2 (2014–2014) ME 2 (1929–1976) WV 2 (1995–2000) MT 2 (1927–1996) WY 2 (1955–1955)

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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