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16 Pennsylvania opinions name it 6 courts 1957–2024 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.
| Case | Followed | Cited |
|---|---|---|
Carver House, Inc. v. Liquor Control Boardgreen2 sentences1974See The Carver House, Inc. v. Liquor Control Board, 3 Comm. Ct. 453, 281 A. 2d 473 (1971). 1973See The Carver House, Inc. v. Liquor Control Board, 3 Pa. Commonwealth Ct. 453 , 281 A. 2d 473 (1971); however, the Supreme Court has chosen to reaffirm the rule. | 2 | 2 |
Commonwealth v. Mourygreen1 sentence2024Commonwealth v. Moury, 992 A.2d 162, 170 (Pa. Super. 2010) (“Objections to the discretionary aspects of a sentence are generally waived if they are not raised at the sentencing hearing or in a motion to modify the sentence imposed.”).10 ____________________________________________ 9 At the reconsideration hearing held on March 3, 2023, Cook objected to the revocation court’s reference to his prior firearm charges, saying he was not convicted of those charges. | 1 | 1 |
Commonwealth v. Quinlangreen1 sentence2023According to the Commonwealth, the PSI3 prepared in this case indicates Cool has a serious ____________________________________________ 2 “Well-settled Pennsylvania law permits the Commonwealth to pursue a correction, modification or increase in the originally imposed sentence because no sentence is final until the right of appellate review has been exhausted or waived.” Commonwealth v. Quinlan, 639 A.2d 1235, 1239 (Pa. Super. 1994) (citations omitted); see Pa.R.Crim.P. 721(A)(1), (B) (Commonwealth may file motion to modify sentence within ten days after sentence’s imposition). 3 Although Cool | 1 | 1 |
Commonwealth v. Prestongreen1 sentence2023It is well-settled that “an appellate court is limited to considering only the materials in the certified record when resolving an issue.” Commonwealth v. Preston, 904 A.2d 1, 6 (Pa. Super. 2006), appeal denied, 916 A.2d 632 (Pa. 2007) (citation omitted). | 1 | 1 |
Commonwealth v. Moirgreen1 sentence2022See Moir, supra. Instead, the court simply provided the parties with notices announcing the reconsideration hearing, which were generated through the court’s automated scheduling system. | 1 | 1 |
Evans v. United Statesgreen1 sentence2014Both the trial court and the Commonwealth rely upon a statement of law espoused by the Federal District Court of the Eastern District of Pennsylvania, presented by Father at the reconsideration hearing, which states: “Courts should grant [reconsideration] sparingly, reserving them for - 13 - J-A25003-14 instances when: (1) there has been an intervening change in controlling law; (2) new evidence has become available; or (3) there is a need to prevent manifest injustice or correct a clear error of law or fact.” Evans v. United States, 173 F. Supp. 2d 334, 335 (E.D. | 1 | 1 |
Luckenbaugh v. Shearergreen1 sentence2011Vanleer v. Lerner, 559 A.2d 577, 579 (Pa. Super. 1989), citing Luckenbaugh v. Shearer, 523 A.2d 399, 402 (Pa. Super. 1987). (emphasis added) This court further denies the factual allegations set forth by the appellant on what occurred at the reconsideration hearing that was held on October 21, 2010. | 1 | 1 |
Vanleer v. Lernergreen1 sentence2011Vanleer v. Lerner, 559 A.2d 577, 579 (Pa. Super. 1989), citing Luckenbaugh v. Shearer, 523 A.2d 399, 402 (Pa. Super. 1987). (emphasis added) This court further denies the factual allegations set forth by the appellant on what occurred at the reconsideration hearing that was held on October 21, 2010. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Com. v. McNeal
green
1 sentence2023It is well-settled that “an appellate court is limited to considering only the materials in the certified record when resolving an issue.” Commonwealth v. Preston, 904 A.2d 1, 6 (Pa. Super. 2006), appeal denied, 916 A.2d 632 (Pa. 2007) (citation omitted). | 1 | 2023–2023 |
Commonwealth v. Coulverson
green
1 sentence2023Coulverson, supra. The trial court reviewed Toro’s PSI before sentencing, which included information about his childhood, upbringing, physical and mental health issues, employment history and drug use. | 1 | 2023–2023 |
Commonwealth v. Disalvo
green
1 sentence2023However, a bald claim that the trial court did not give adequate consideration to mitigating factors does not raise a substantial question for our review.6 Disalvo, supra. Accordingly, any challenge to the discretionary aspects of his sentence is frivolous. | 1 | 2023–2023 |
Commonwealth v. Lantzy
green
2 sentences2020The court noted that counsel “gave details concerning her conversations with [Knox], both before and after the guilty plea and sentencing, as well as both prior and subsequent to the reconsideration hearing.” Id. 2020The court noted that Knox told counsel he intended to file a PCRA petition and that counsel stated that “he was very clear that he did not wish for me to pursue any further action.” Id. | 1 | 2020–2020 |
Commonwealth v. Hood
green
1 sentence2015This Court denied the request relying on Commonwealth v. Hood, 872 A.2d 175 (Pa.Super. 2005). | 1 | 2015–2015 |
Smith v. Smith
green
1 sentence2014Id. at 34 . | 1 | 2014–2014 |
Garner v. Jones
green
2 sentences2002Jones, 529 U.S. at 254 , 120 S.Ct. 1362 . 2002Jones, 529 U.S. at 254 , 120 S.Ct. 1362 . | 1 | 2002–2002 |
Terminato v. Pennsylvania National Insurance
green
2 sentences1998In Terminato v. Pennsylvania National Insurance Company, 538 Pa. 60 , 645 A.2d 1287 (1994), our Supreme Court, in addressing the issue whether an insured must seek reconsideration of an adverse peer review decision before initiating an action in common pleas court to recover medical benefits under an automobile insurance policy, held that the failure to seek such a reconsideration does not bar a common pleas action. 1998In Terminato v. Pennsylvania National Insurance Company, 538 Pa. 60 , 645 A.2d 1287 (1994), our Supreme Court, in addressing the issue whether an insured must seek reconsideration of an adverse peer review decision before initiating an action in common pleas court to recover medical benefits under an automobile insurance policy, held that the failure to seek such a reconsideration does not bar a common pleas action. | 1 | 1998–1998 |
Commonwealth v. Johnson
green
2 sentences1982Commonwealth v. Johnson, 428 Pa. 210 , 236 A.2d 805 (1968). 1982Commonwealth v. Johnson, 428 Pa. 210 , 236 A.2d 805 (1968). | 1 | 1982–1982 |
United States of America Ex Rel. Cleveland Thompson v. Charles L. Dye, Warden, Allegheny County Jail
green
1 sentence1957On appeal, the writ was granted without prejudice to the Commonwealth of Pennsylvania to retry the defendant ( Same Caption, 221 F. 2d 763 ). [2] There was also reliance on the fact that defendant had been drinking and smoking marihuana. [3] P.L. 759, 18 PS § 2222, now part of The Penal Code of 1939, 18 PS § 4701. [4] A reconsideration of this rule was urged and rejected in Com. v. Harris, 314 Pa., supra, p. 82. [5] The cases relied upon by defendant did not support the dictum which was sometimes found therein which would limit the admissibility of prior convictions to cases wherein the defend | 1 | 1957–1957 |
Commonwealth v. Cannon
green
1 sentence1957I do not go into this discussion at all because, in my view of the case, even if the court-martial does qualify as a proper record, it was improperly introduced for the purpose specified. [*] Commonwealth v. Cannon, 386 Pa. 62 . [**] Italics throughout, mine. [*] Chief Justice MAXEY overlooked the fact that there are other laws protecting society from habitual offenders. | 1 | 1957–1957 |
Commonwealth v. Williams
green
1 sentence1957On appeal, the writ was granted without prejudice to the Commonwealth of Pennsylvania to retry the defendant ( Same Caption, 221 F. 2d 763 ). [2] There was also reliance on the fact that defendant had been drinking and smoking marihuana. [3] P.L. 759, 18 PS § 2222, now part of The Penal Code of 1939, 18 PS § 4701. [4] A reconsideration of this rule was urged and rejected in Com. v. Harris, 314 Pa., supra, p. 82. [5] The cases relied upon by defendant did not support the dictum which was sometimes found therein which would limit the admissibility of prior convictions to cases wherein the defend | 1 | 1957–1957 |
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.