record shows defense (Pennsylvania) · Go Syfert
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record shows defense in Pennsylvania

16 Pennsylvania opinions name it 3 courts 1893–2020 0 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 (4)

CaseFollowedCited
Commonwealth v. DiClaudiogreen
pasuperct · 2019 · cited in 2 Pennsylvania opinions naming this issue, 2020–2020
2 sentences

2020See DiClaudio, supra. - 32 - J-A04018-20 With respect to Appellant’s prior conviction and victim impact evidence, the record shows these factors were not raised at Appellant’s revocation hearing; rather, they were raised by Farrell’s counsel at the joint re-sentencing hearing and Appellant’s objection to the court’s consideration of these factors was in the context of his motion to sever the proceedings.

2020Accordingly, they are waived.19 See DiClaudio, supra. With respect to Appellant’s prior conviction and victim impact evidence, the record shows these factors were not raised at Appellant’s revocation hearing; rather, they were raised by Farrell’s counsel at the joint re-sentencing hearing and Appellant’s objection to the court’s consideration 19 In his supplemental brief, Appellant argues that these issues implicate the legality of his sentence and are therefore cannot be waived.

12
Commonwealth v. Spotzgreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
2 sentences

2020The record shows defense counsel opened the door by introducing Torres into Appellant’s trial; therefore, the prosecutor was permitted to “make fair comment on the admitted evidence and [] provide fair rebuttal to defense arguments.” Commonwealth v. Spotz, 18 A.3d 244, 288 (Pa. 2011); see also id. (stating “[e]ven an otherwise improper comment may be appropriate if it is in fair response to defense counsel’s remarks.

2020The record shows defense counsel opened the door by introducing Torres into Appellant’s trial; therefore, the prosecutor was permitted to “make fair comment on the admitted evidence and [] provide fair rebuttal to defense arguments.” Commonwealth v. Spotz, 18 A.3d 244, 288 (Pa. 2011); see also id. (stating “[e]ven an otherwise improper comment may be appropriate if it is in fair response to defense counsel’s remarks.

11
Holt v. United Statesgreen
· 1910 · cited in 1 Pennsylvania opinions naming this issue, 1920–1920
1 sentence

1920The record shows no violation of appellant’s “constitutional rights” as his counsel contends; “he cannot be compelled to give evidence against himself, but if he gives it voluntarily, he cannot object to having it used against him”: Com. v. House, 6 Pa. Superior Ct. 94 , 104; see also Holt v. United States, 218 U. S. 245, 252 . 2.

11
Grubbs' Appealsgreen
pa · 1876 · cited in 1 Pennsylvania opinions naming this issue, 1905–1905
1 sentence

1905These decisions do not apply to a case where the record shows error of law, as for example an apportionment of the costs between the parties in a case where by law the costs follow the verdict and judgment: Black’s Appeal, 106 Pa. 344 ; or where the bill as taxed contains items not authorized by law : Barnet v. Ihrie, 1 Rawle, 44 ; or where there is no law authorizing the imposition of costs upon either the successful or the unsuccessful parties to the litigation: Wayne Borough Incorporation, 12 Pa. Superior Ct. 372 ; see also, Grubbs’ Appeal, 82 Pa. 23, at p. 31 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (17)

CaseCitedYears
United States v. Helwig green
ca3 · 1947
2 sentences

1966The fact that he had never before represented a defendant in a murder trial does not justify a conclusion of incompetency: United States v. Helwig, 159 F. 2d 616 (1947).

1964The fact that he had never before represented a defendant in a murder trial does not justify a conclusion of incompetency: United States v. Helwig, 159 F. 2d 616 (1947).

21964–1966
Commonwealth v. Foster green
pa · 2011
1 sentence

2020Appellant’s Supplemental Brief at 30 (citing Commonwealth v. Foster, 17 A.3d 332 (Pa. 2011), for the proposition that “a plurality of [our] Supreme Court [] held that the defendant did not waive a challenge to his sentence based on an interpretation of a mandatory minimum statute”).

12020–2020
Miranda v. Arizona green
scotus · 1966
1 sentence

2019Court erred in denying Defendant's pre-trial motions to suppress defendant's statements made to police outside Defendant's residence on October 29, 2015 1: TheUnited States Supreme Court ruling in Miranda v. Arizona, 384 U.S. 436 (1966), I requires that a person must make a knowing and intelligent waiver of his privilege against self- I! incrimination and right to counsei after being provided an adequate warning as to these rights · \ ) before he is subjected to custodial interrogation.

12019–2019
Commonwealth v. Williams green
pa · 1973
2 sentences

1984The record shows that the waiver colloquy was in accord with the standards set *28 forth in Commonwealth v. Williams, 454 Pa. 368 , 312 A.2d 597 (1973).

1984The record shows that the waiver colloquy was in accord with the standards set *28 forth in Commonwealth v. Williams, 454 Pa. 368 , 312 A.2d 597 (1973).

11984–1984
Commonwealth v. Harris green
pa · 1983
2 sentences

1983Thus, the record shows that defense counsel contended that there were "three continuances at which the Commonwealth was unprepared." Id.

1983Thus, the record shows that defense counsel contended that there were “three continuances at which the Commonwealth was unprepared.” Id.

11983–1983
Commonwealth v. Bailey green
pa · 1973
2 sentences

1978The trial judge is granted broad discretion concerning decisions on the scope of cross-examination (Commonwealth v. Bailey, 450 Pa. 201 , 299 A.2d 298 (1973)) and no abuse of that discretion is apparent here.

1978The trial judge is granted broad discretion concerning decisions on the scope of cross-examination (Commonwealth v. Bailey, 450 Pa. 201 , 299 A.2d 298 (1973)) and no abuse of that discretion is apparent here.

11978–1978
Ashe v. Swenson green
scotus · 1970
2 sentences

1978Collateral estoppel is an integral part of the double jeopardy clause of the Fifth Amendment to the United States Constitution, Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970), and this appellant, by raising the issue of double jeopardy, necessarily raises the collateral estoppel aspects of the double jeopardy clause.

1978Collateral estoppel is an integral part of the double jeopardy clause of the Fifth Amendment to the United States Constitution, Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970), and this appellant, by raising the issue of double jeopardy, necessarily raises the collateral estoppel aspects of the double jeopardy clause.

11978–1978
Commonwealth v. Snyder green
pa · 1967
2 sentences

1974Commonwealth v. Johnson, supra, Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530 (1967); Commonwealth v. Kravitz, 441 Pa. 79 , 269 A. 2d 912 (1970).

1974Commonwealth v. Johnson, supra, Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530 (1967); Commonwealth v. Kravitz, 441 Pa. 79 , 269 A. 2d 912 (1970).

11974–1974
Commonwealth v. Kravitz green
pa · 1970
2 sentences

1974Commonwealth v. Johnson, supra, Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530 (1967); Commonwealth v. Kravitz, 441 Pa. 79 , 269 A. 2d 912 (1970).

1974Commonwealth v. Johnson, supra, Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530 (1967); Commonwealth v. Kravitz, 441 Pa. 79 , 269 A. 2d 912 (1970).

11974–1974
Commonwealth v. Walker green
pa · 1969
2 sentences

1969As we have often said, that failure will not alone vitiate a plea, particularly in cases where pleas were taken before “judges and lawyers were made aware of the importance of the on-the-record colloquy.” See n.4, Commonwealth v. Johnson, supra, pp. 529-530; Commonwealth v. Walker, 433 Pa. 124 , 249 A. 2d 283 (1969); Commonwealth v. Cushnie, 433 Pa. 131 , 249 A. 2d 290 (1969).

1969As we have often said, that failure will not alone vitiate a plea, particularly in cases where pleas were taken before “judges and lawyers were made aware of the importance of the on-the-record colloquy.” See n.4, Commonwealth v. Johnson, supra, pp. 529-530; Commonwealth v. Walker, 433 Pa. 124 , 249 A. 2d 283 (1969); Commonwealth v. Cushnie, 433 Pa. 131 , 249 A. 2d 290 (1969).

11969–1969
Commonwealth v. Cushnie green
pa · 1969
2 sentences

1969As we have often said, that failure will not alone vitiate a plea, particularly in cases where pleas were taken before “judges and lawyers were made aware of the importance of the on-the-record colloquy.” See n.4, Commonwealth v. Johnson, supra, pp. 529-530; Commonwealth v. Walker, 433 Pa. 124 , 249 A. 2d 283 (1969); Commonwealth v. Cushnie, 433 Pa. 131 , 249 A. 2d 290 (1969).

1969As we have often said, that failure will not alone vitiate a plea, particularly in cases where pleas were taken before “judges and lawyers were made aware of the importance of the on-the-record colloquy.” See n.4, Commonwealth v. Johnson, supra, pp. 529-530; Commonwealth v. Walker, 433 Pa. 124 , 249 A. 2d 283 (1969); Commonwealth v. Cushnie, 433 Pa. 131 , 249 A. 2d 290 (1969).

11969–1969
Curran's Estate green
pa · 1933
1 sentence

1937See also, as to acquiescence by the parties: Curran’s Estate, 312 Pa. 416 ; Macfarlane’s Estate, 317 Pa. 377 .

11937–1937
MacFarlane's Estate green
pa · 1935
1 sentence

1937See also, as to acquiescence by the parties: Curran’s Estate, 312 Pa. 416 ; Macfarlane’s Estate, 317 Pa. 377 .

11937–1937
Incorporation of Wayne neutral
pasuperct · 1900
1 sentence

1905These decisions do not apply to a case where the record shows error of law, as for example an apportionment of the costs between the parties in a case where by law the costs follow the verdict and judgment: Black’s Appeal, 106 Pa. 344 ; or where the bill as taxed contains items not authorized by law : Barnet v. Ihrie, 1 Rawle, 44 ; or where there is no law authorizing the imposition of costs upon either the successful or the unsuccessful parties to the litigation: Wayne Borough Incorporation, 12 Pa. Superior Ct. 372 ; see also, Grubbs’ Appeal, 82 Pa. 23, at p. 31 .

11905–1905
Black's Appeal neutral
pa · 1884
1 sentence

1905These decisions do not apply to a case where the record shows error of law, as for example an apportionment of the costs between the parties in a case where by law the costs follow the verdict and judgment: Black’s Appeal, 106 Pa. 344 ; or where the bill as taxed contains items not authorized by law : Barnet v. Ihrie, 1 Rawle, 44 ; or where there is no law authorizing the imposition of costs upon either the successful or the unsuccessful parties to the litigation: Wayne Borough Incorporation, 12 Pa. Superior Ct. 372 ; see also, Grubbs’ Appeal, 82 Pa. 23, at p. 31 .

11905–1905
Barnet v. Ihrie neutral
· 1828
1 sentence

1905These decisions do not apply to a case where the record shows error of law, as for example an apportionment of the costs between the parties in a case where by law the costs follow the verdict and judgment: Black’s Appeal, 106 Pa. 344 ; or where the bill as taxed contains items not authorized by law : Barnet v. Ihrie, 1 Rawle, 44 ; or where there is no law authorizing the imposition of costs upon either the successful or the unsuccessful parties to the litigation: Wayne Borough Incorporation, 12 Pa. Superior Ct. 372 ; see also, Grubbs’ Appeal, 82 Pa. 23, at p. 31 .

11905–1905
Titusville Building & Loan Ass'n v. McCombs neutral
pa · 1880
1 sentence

1893As was said in Building and Loan Association v. McCombs, 92 Pa. 364 , “ this court is bound to disregard an assignment of error under the act of April 18,1874, unless the record shows an exception was taken.” The act provides that “ plaintiff may except to such decision and take a writ of error to the Supreme Court.” When a rule for judgment for want of a sufficient affidavit of defence is discharged in open court, in presence of the plaintiff’s counsel, then is the proper time to except and request the court to seal a bill.

11893–1893

Where else courts name it

TX 176 (1909–2026) CA 85 (1893–2026) IL 74 (1869–2026) NY 51 (1891–2022) MT 39 (1911–2023) GA 30 (1947–2025) FL 24 (1928–2020) PA 16 (1893–2020) MS 16 (1998–2024) NC 16 (1884–2024) WA 15 (1910–2022) AL 14 (1914–2025) LA 14 (1921–2017) CO 13 (1912–2025) MI 13 (1914–2021) OH 13 (1996–2025) OK 12 (1933–2023) MO 11 (1894–2013) MA 10 (1925–2018) IN 10 (1883–2012) WV 9 (1904–2014) KS 7 (1888–2021) MD 7 (1914–2026) ID 7 (1887–2020) NM 6 (1950–2023) CT 5 (1942–2015) SC 5 (1994–2012) NE 5 (1894–2021) WY 5 (2006–2025) MN 4 (1938–2012) TN 4 (2002–2024) AZ 3 (1998–2023) WI 3 (1967–2015) DE 3 (1986–2024) NJ 3 (1986–2021) ME 2 (2017–2017) AR 2 (1906–1919) VA 2 (1873–1993) IA 2 (2018–2025)

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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