15 Pennsylvania opinions name it 4 courts 1974–2026 3 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. Shamsud-Dingreen2 sentences2024See Commonwealth v. Shamsud—Din, 995 A.2d 1224, 1226 (Pa. Super. 2010) (reiterating that failure to object to a jury instruction constitutes waiver of a challenge to an error in the instruction). 2018It is well-settled that a “specific and timely objection must be made to preserve [a] challenge to [a] particular jury instruction[, and] failure to do so results in waiver[.]” Commonwealth v. Forbes, 867 A.2d 1268, 1274 (Pa. Super. 2005) (citation omitted); see also Commonwealth v. Shamsud—Din, 995 A.2d 1224, 1226 (Pa. Super. 2010) (reiterating that failure to object to a jury instruction constitutes waiver of a challenge to an error in the instruction). | 2 | 2 |
Com. v. Davis, C.green1 sentence2023See Commonwealth v. Davis, 273 A.3d 1228, 1246 (Pa. Super. 2022). | 1 | 1 |
Commonwealth v. Coxgreen1 sentence2020See Cox, 863 A.2d at 549 ; Diaz, 226 A.3d at 1007-08. | 1 | 1 |
Commonwealth v. Coulversongreen1 sentence2019Commonwealth v. Coulverson, 34 A.3d 135, 146 (Pa.Super. 2011). | 1 | 1 |
Commonwealth v. Forbesgreen1 sentence2018It is well-settled that a “specific and timely objection must be made to preserve [a] challenge to [a] particular jury instruction[, and] failure to do so results in waiver[.]” Commonwealth v. Forbes, 867 A.2d 1268, 1274 (Pa. Super. 2005) (citation omitted); see also Commonwealth v. Shamsud—Din, 995 A.2d 1224, 1226 (Pa. Super. 2010) (reiterating that failure to object to a jury instruction constitutes waiver of a challenge to an error in the instruction). | 1 | 1 |
Commonwealth v. Pressleygreen1 sentence2018Further, Pennsylvania Rule of Criminal Procedure 647 provides, in relevant part, that “[n]o portions of the charge nor omissions from the charge may be assigned as error, unless specific objections are made thereto before the jury retires to deliberate.” Pa.R.Crim.P. 647(C)); see also Commonwealth v. Pressley, 887 A.2d 220, 225 (Pa. 2005) (stating that Rule 647 requires a specific objection to a jury charge or exception to the trial court’s ruling on a proposed point to preserve a challenge to a jury instruction on appeal). ____________________________________________ 3 The trial court, in its | 1 | 1 |
Commonwealth v. Gaskinsgreen1 sentence2018In his second statement of errors, Defendant complains that "the jury's finding ... was against the weight of the evidence, where the Complainant's allegations that Defendant possessed a firearm, which he fired multiple times in his direction are not supported by the facts where no firearm was recovered during the course of investigation and ballistics evidence were not recovered at the crime scene." Despite Defendant's complaint that the verdict was against the weight of the evidence, he appears to be confusing this challenge with a challenge to the sufficiency of the evidence when he states | 1 | 1 |
Commonwealth v. Thomasgreen1 sentence2007See Commonwealth v. Mouzon, 571 Pa. 419 , 812 A.2d 617, 622 (2002) (plurality), citing 42 Pa.C.S.A. § 9781, Appellate review of sentence (contrasting appeals of right based on legal challenges from appeals from the *1228 discretionary aspects of a sentence, which can only be brought by grant of allocatur), accord Commonwealth v. Thomas, 879 A.2d 246, 264 (Pa.Super.2005). ¶ 45 Appellant argues the trial court erred in failing to apply section 9726(c), which requires a court to consider a defendant’s present and future solvency and whether a fine will prevent a defendant from paying restitution | 1 | 1 |
Commonwealth v. Mouzongreen2 sentences2007See Commonwealth v. Mouzon, 571 Pa. 419 , 812 A.2d 617, 622 (2002) (plurality), citing 42 Pa.C.S.A. § 9781, Appellate review of sentence (contrasting appeals of right based on legal challenges from appeals from the *1228 discretionary aspects of a sentence, which can only be brought by grant of allocatur), accord Commonwealth v. Thomas, 879 A.2d 246, 264 (Pa.Super.2005). ¶ 45 Appellant argues the trial court erred in failing to apply section 9726(c), which requires a court to consider a defendant’s present and future solvency and whether a fine will prevent a defendant from paying restitution 2007See Commonwealth v. Mouzon, 571 Pa. 419 , 812 A.2d 617, 622 (2002) (plurality), citing 42 Pa.C.S.A. § 9781, Appellate review of sentence (contrasting appeals of right based on legal challenges from appeals from the *1228 discretionary aspects of a sentence, which can only be brought by grant of allocatur), accord Commonwealth v. Thomas, 879 A.2d 246, 264 (Pa.Super.2005). ¶ 45 Appellant argues the trial court erred in failing to apply section 9726(c), which requires a court to consider a defendant’s present and future solvency and whether a fine will prevent a defendant from paying restitution | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
MacHipongo Land & Coal Co. v. Commonwealth
green
2 sentences1998In answer to the appellants’ argument that such a challenge stated a claim under the Eminent Domain Code for a de facto taking, the Court invoked “what has long been an acknowledged distinction in this Commonwealth between a taking which occurs pursuant to the Commonwealth’s exercise of its police powers and the exercise of its eminent domain power.” Id., 544 Pa. at 276 , 676 A.2d at 202 . 1998In answer to the appellants’ argument that such a challenge stated a claim under the Eminent Domain Code for a de facto taking, the Court invoked “what has long been an acknowledged distinction in this Commonwealth between a taking which occurs pursuant to the Commonwealth’s exercise of its police powers and the exercise of its eminent domain power.” Id., 544 Pa. at 276 , 676 A.2d at 202 . | 2 | 1998–1998 |
Conroy-Prugh Glass Co. v. Commonwealth
green
2 sentences1998Citing Conroy-Prugh Glass v. Department of Transportation, 456 Pa. 384 , 321 A.2d 598 (1974), the Supreme Court reiterated the fundamental principle that, for purposes of eminent domain, a taking occurs when the entity clothed with the power of eminent domain substantially deprives an owner of the use and enjoyment of his property. 1998Citing Conroy-Prugh Glass v. Department of Transportation, 456 Pa. 384 , 321 A.2d 598 (1974), the Supreme Court reiterated the fundamental principle that, for purposes of eminent domain, a taking occurs when the entity clothed with the power of eminent domain substantially deprives an owner of the use and enjoyment of his property. | 2 | 1998–1998 |
Commonwealth v. Grant
green
2 sentences2026The comment to Rule 720(C) further explains that importance of promptly raising a challenge under this rule: Unlike ineffective counsel claims, which are the subject of [Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002)], paragraph (C) requires that any claim of after-discovered evidence must be raised promptly after its discovery. 2026Accordingly, after-discovered evidence discovered during the post-sentence stage must be raised promptly with the trial judge at the post-sentence stage; after-discovered evidence discovered during the direct appeal process must be raised promptly during the direct appeal process, and should include a request for a remand to the trial judge[.] Id., cmt. | 1 | 2026–2026 |
Sullivan v. Louisiana
green
1 sentence2020Sullivan, 508 U.S. at 281-82 . - 16 - J-S29017-20 Assuming, without holding, that Appellant has established that the challenge to the instruction at issue has arguable merit, Appellant must still establish actual prejudice. | 1 | 2020–2020 |
Commonwealth v. Powell
green
1 sentence2016Commonwealth v. Powell, 956 A.2d 406 , 421–422 (Pa. 2008). | 1 | 2016–2016 |
Commonwealth v. Dennis
green
2 sentences2011Commonwealth v. Dennis, 17 A.3d 297, 301 (2011) In a challenge to this standard, however, Fink contends that the inadequacy of counsel’s brief to this Court on direct appeal rendered his representation ineffective per se, and compels consideration of his current claim in accordance with our holding in Commonwealth v. Franklin, 823 A.2d 906 (Pa.Super.2003). 2011Commonwealth v. Dennis, 17 A.3d 297, 301 (2011) In a challenge to this standard, however, Fink contends that the inadequacy of counsel's brief to this Court on direct appeal rendered his representation ineffective per se, and compels consideration of his current claim in accordance with our holding in Commonwealth v. Franklin, 823 A.2d 906 (Pa.Super.2003). | 1 | 2011–2011 |
Commonwealth v. Franklin
green
2 sentences2011Commonwealth v. Dennis, 17 A.3d 297, 301 (2011) In a challenge to this standard, however, Fink contends that the inadequacy of counsel’s brief to this Court on direct appeal rendered his representation ineffective per se, and compels consideration of his current claim in accordance with our holding in Commonwealth v. Franklin, 823 A.2d 906 (Pa.Super.2003). 2011Commonwealth v. Dennis, 17 A.3d 297, 301 (2011) In a challenge to this standard, however, Fink contends that the inadequacy of counsel's brief to this Court on direct appeal rendered his representation ineffective per se, and compels consideration of his current claim in accordance with our holding in Commonwealth v. Franklin, 823 A.2d 906 (Pa.Super.2003). | 1 | 2011–2011 |
Commonwealth Ex Rel. Goldman v. Goldman
green
2 sentences1997In Commonwealth v. Goldman, 199 Pa.Super. 274 , 184 A.2d 351 (1962), an action for support of children born in wedlock, this Court held that a husband had a right, even in the absence of evidence of non-access or impotency, 12 to an order requiring blood grouping tests when he contested his paternity of a child born during marriage and another born after the parties separated. 1997In Commonwealth v. Goldman, 199 Pa.Super. 274 , 184 A.2d 351 (1962), an action for support of children born in wedlock, this Court held that a husband had a right, even in the absence of evidence of non-access or impotency, 12 to an order requiring blood grouping tests when he contested his paternity of a child born during marriage and another born after the parties separated. | 1 | 1997–1997 |
Equitable Life Assurance Society of United States v. Slade
green
1 sentence1977“Errors of judgment as to the value of property must stand uncorrected.” Equitable Life Assurance Society v. Slade, 122 Conn. 451, 457 . “ [I]t is not the function of the trial court, nor of this court, to retry the cause. | 1 | 1977–1977 |
Commonwealth v. Baranowski
green
2 sentences1974The Bonomo decision understandably raised questions as to the burden of proof required with reference to the defenses of intoxication, insanity and self-defense 7 When faced with a challenge to the requirement that the defendant prove self-defense by a preponderance of the evidence, however, this Court in Commonwealth v. Winebrenner, 439 Pa. 73 , 265 A.2d 108 (1970), distinguished alibi from what it characterized as “true” affirmative defenses, i.e., those where the defendant admits his commission of the act charged, but seeks to justify or excuse it. 1974The Bonomo decision understandably raised questions as to the burden of proof required with reference to the defenses of intoxication, insanity and self-defense [7] When faced with a challenge to the requirement that the defendant prove self-defense by a preponderance of the evidence, however, this Court in Commonwealth v. Winebrenner, 439 Pa. 73 , 265 A.2d 108 (1970), distinguished alibi from what it characterized as "true" affirmative defenses, i.e., those where the defendant admits his commission of the act charged, but seeks to justify or excuse it. | 1 | 1974–1974 |
Commonwealth v. Winebrenner
green
2 sentences1974The Bonomo decision understandably raised questions as to the burden of proof required with reference to the defenses of intoxication, insanity and self-defense 7 When faced with a challenge to the requirement that the defendant prove self-defense by a preponderance of the evidence, however, this Court in Commonwealth v. Winebrenner, 439 Pa. 73 , 265 A.2d 108 (1970), distinguished alibi from what it characterized as “true” affirmative defenses, i.e., those where the defendant admits his commission of the act charged, but seeks to justify or excuse it. 1974The Bonomo decision understandably raised questions as to the burden of proof required with reference to the defenses of intoxication, insanity and self-defense [7] When faced with a challenge to the requirement that the defendant prove self-defense by a preponderance of the evidence, however, this Court in Commonwealth v. Winebrenner, 439 Pa. 73 , 265 A.2d 108 (1970), distinguished alibi from what it characterized as "true" affirmative defenses, i.e., those where the defendant admits his commission of the act charged, but seeks to justify or excuse it. | 1 | 1974–1974 |
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.