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14 Pennsylvania opinions name it 4 courts 1974–2018 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.
| Case | Followed | Cited |
|---|---|---|
Petri v. Smithgreen2 sentences1993Petri at 271-272 , 453 A.2d at 347 (emphasis added). 1993Petri at 271-272 , 453 A.2d at 347 (emphasis added). | 1 | 3 |
AWT Beaver Independence Deli, Inc. v. Commonwealthgreen1 sentence2018Deli, Inc. v. Commonwealth, 876 A.2d 500, 503 (Pa. Cmwlth. 2005) (citing West Reading Tavern, Inc. and holding that a prior determination that a proposed transfer of a liquor license would adversely impact the welfare, health, peace, and morals of the community did not bar relitigation of that issue on a second application). | 1 | 1 |
Commonwealth v. Harvellgreen1 sentence2016Absent in her closing were the more egregious examples of prosecutorial conduct noted in Smith, including: Commonwealth v. Gilman, 368 A.2d 253 (Pa. 1977) (invalidating closing remarks mounting lengthy plea to jury’s emotions while characterizing defense as incredible, shrewd, and calculating strategy to becloud issue and deceive jury from seeing defendant as he really was, a cunning, sly, calculating, and deceiving cold-blooded killer); Commonwealth v. Harvell, 327 A.2d 27, 29 (Pa. 1974) (invalidating closing plea that the members of the jury not “be fooled” occurring within long harangue app | 1 | 1 |
Commonwealth v. Younggreen1 sentence2016See also Commonwealth v. Young, 692 A.2d 1112, 1116 (Pa.Super. 1997) - 19 - J-A01009-16 (upholding judgment of sentence where defense counsel’s tactics, while perhaps inappropriate, were not likely “to inflame the jury to such a degree that it would be incapable of dispassionately considering the evidence.”). | 1 | 1 |
Commonwealth v. Meansgreen1 sentence2014Impact of Appellant’s Death on Community In his final claim relating to prosecutorial misconduct, Appellant complains that trial counsel was ineffective for failing to object when the prosecutor directed the jury to consider the effect of victim impact testimony on the community in violation of Commonwealth v. Means, 565 Pa. 309 , 773 A.2d 143, 158 (2001) (holding that victim impact testimony is only admissible where the Commonwealth establishes that the victim’s death had an impact on the victim’s family; generalizations of the effect of the victim’s death on the community at large does not f | 1 | 1 |
Fisher Estategreen1 sentence1974In 19711 was “fully persuaded that justice and wisdom indicate that we rely on these highly competent and totally responsible recommendations” of leaders of the community and bar. 442 Pa. at 421, 280 A.2d at 374. | 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. Gilman
green
1 sentence2016Absent in her closing were the more egregious examples of prosecutorial conduct noted in Smith, including: Commonwealth v. Gilman, 368 A.2d 253 (Pa. 1977) (invalidating closing remarks mounting lengthy plea to jury’s emotions while characterizing defense as incredible, shrewd, and calculating strategy to becloud issue and deceive jury from seeing defendant as he really was, a cunning, sly, calculating, and deceiving cold-blooded killer); Commonwealth v. Harvell, 327 A.2d 27, 29 (Pa. 1974) (invalidating closing plea that the members of the jury not “be fooled” occurring within long harangue app | 1 | 2016–2016 |
Commonwealth v. Long
green
1 sentence2016Absent in her closing were the more egregious examples of prosecutorial conduct noted in Smith, including: Commonwealth v. Gilman, 368 A.2d 253 (Pa. 1977) (invalidating closing remarks mounting lengthy plea to jury’s emotions while characterizing defense as incredible, shrewd, and calculating strategy to becloud issue and deceive jury from seeing defendant as he really was, a cunning, sly, calculating, and deceiving cold-blooded killer); Commonwealth v. Harvell, 327 A.2d 27, 29 (Pa. 1974) (invalidating closing plea that the members of the jury not “be fooled” occurring within long harangue app | 1 | 2016–2016 |
Francis v. Swisher
green
1 sentence2014Impact of Appellant’s Death on Community In his final claim relating to prosecutorial misconduct, Appellant complains that trial counsel was ineffective for failing to object when the prosecutor directed the jury to consider the effect of victim impact testimony on the community in violation of Commonwealth v. Means, 565 Pa. 309 , 773 A.2d 143, 158 (2001) (holding that victim impact testimony is only admissible where the Commonwealth establishes that the victim’s death had an impact on the victim’s family; generalizations of the effect of the victim’s death on the community at large does not f | 1 | 2014–2014 |
Bullman v. Giuntoli
green
1 sentence2012Bullman, 761 A.2d at 571 (quoting Restatement (Second) of Torts, § 496D, cmt. c.). | 1 | 2012–2012 |
Hardy v. Southland Corp.
green
2 sentences2000Thus, in particular, the recent decisions reflect a reluctance to find assumption of the risk applicable unless it is quite clear that the specific risk that occasioned injury was both fully appreciated and voluntarily accepted. ¶ 12 In Hardy v. Southland Corp., 435 Pa.Super. 237 , 645 A.2d 839 (1994): Appellant brought suit to recover damages for an injury sustained at a 7-Eleven store owned by appellees. 2000Thus, in particular, the recent decisions reflect a reluctance to find assumption of the risk applicable unless it is quite clear that the specific risk that occasioned injury was both fully appreciated and voluntarily accepted. ¶ 12 In Hardy v. Southland Corp., 435 Pa.Super. 237 , 645 A.2d 839 (1994): Appellant brought suit to recover damages for an injury sustained at a 7-Eleven store owned by appellees. | 1 | 2000–2000 |
Hospital Utilization Project v. Commonwealth
green
2 sentences1998To resolve Community’s appeal, Common Pleas applied the test articulated in Hospital Utilization Project v. Commonwealth, 507 Pa. 1 , 487 A.2d 1306 (1985) (hereinafter identified as HUP). 1998To resolve Community’s appeal, Common Pleas applied the test articulated in Hospital Utilization Project v. Commonwealth, 507 Pa. 1 , 487 A.2d 1306 (1985) (hereinafter identified as HUP). | 1 | 1998–1998 |
Darling v. Charleston Community Memorial Hospital
green
2 sentences1993The court then stated that the limited view of the hospital’s duty no longer reflected fact: “Present-day hospitals, as their manner of operation demonstrates, do far more than furnish facilities for treatment.” Id., 211 N.E.2d at 257 . 1993The court then stated that the limited view of the hospital’s duty no longer reflected fact: “Present-day hospitals, as their manner of operation demonstrates, do far more than furnish facilities for treatment.” Id., 211 N.E.2d at 257 . | 1 | 1993–1993 |
Burnside v. Abbott Laboratories
green
2 sentences1987It is a community standard.” Id., 351 Pa.Superior Ct. at 292, 505 A.2d at 988 . 1987It is a community standard.” Id., 351 Pa.Superior Ct. at 292, 505 A.2d at 988 . | 1 | 1987–1987 |
Commonwealth v. LaLONDE
green
2 sentences1982The appellants’ position reflects a prior holding of the Pennsylvania Supreme Court, aired in Commonwealth v. LaLonde, 447 Pa. 364 , 288 A.2d 782 (1972). 1982The appellants’ position reflects a prior holding of the Pennsylvania Supreme Court, aired in Commonwealth v. LaLonde, 447 Pa. 364 , 288 A.2d 782 (1972). | 1 | 1982–1982 |
Cooper v. Roberts
green
2 sentences1980Id., 220 Pa. Super, at 266-67, 286 A.2d at 650 . 1980Id., 220 Pa. Super, at 266-67, 286 A.2d at 650 . | 1 | 1980–1980 |
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.