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14 Pennsylvania opinions name it 5 courts 1842–2024 2 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. BOROVICHKAgreen2 sentences2024The Commonwealth likens this case to -4- J-S43014-23 Commonwealth v. Borovichka, 18 A.3d 1242, 1246-48 (Pa.Super. 2011). 2024The Commonwealth likens this case to -4- J-S43014-23 Commonwealth v. Borovichka, 18 A.3d 1242 , 1246-48 (Pa.Super. 2011). | 1 | 1 |
Edmonson v. Leesville Concrete Co.green2 sentences2017See Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991) (Batson applies in civil case with respect to classifications based on ancestry or skin color). -3- J-A22017-17 labor and delivery of one baby, [Appellants’] son, Stephen Togba, III, and where there is no logical connection between statistics purporting to show global rates of cerebral palsy and any material facts in this case. (2) Whether permitting testimony that there is no epidemiological evidence showing that fetal monitoring has reduced the rates of cerebral palsy in the population as a whole prejudiced the [Appellants] by influ 2017See Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991) (Batson applies in civil case with respect to classifications based on ancestry or skin color). -3- J-A22017-17 labor and delivery of one baby, [Appellants’] son, Stephen Togba, III, and where there is no logical connection between statistics purporting to show global rates of cerebral palsy and any material facts in this case. (2) Whether permitting testimony that there is no epidemiological evidence showing that fetal monitoring has reduced the rates of cerebral palsy in the population as a whole prejudiced the [Appellants] by influ | 1 | 1 |
Philadelphia Police Department v. Civil Service Commissiongreen1 sentence2015We held that a motion for reconsideration may not be considered after the appeal period has passed and that “[i]f a trial court ... fails to grant reconsideration expressly within the prescribed 30 days, it loses the power to act upon both the petition and its original order.” Id. at 881 (emphasis added). | 1 | 1 |
Scott v. Mershongreen2 sentences1996The language of the Superior Court in Scott v. Mershon, 394 Pa. Super. 411, 419 , 576 A.2d 67, 71 (1990) is instructive: “Therefore, both adherence to the presumption and application of estoppel lead to the same point: the blood test is no longer necessary, whatever the result may be, because legal paternity has been established, and biological paternity is simply no longer relevant.” Defendant contends that this court erred in hearing evidence concerning paternity since the court was bound by the doctrine of collateral estoppel. 1996The language of the Superior Court in Scott v. Mershon, 394 Pa. Super. 411, 419 , 576 A.2d 67, 71 (1990) is instructive: “Therefore, both adherence to the presumption and application of estoppel lead to the same point: the blood test is no longer necessary, whatever the result may be, because legal paternity has been established, and biological paternity is simply no longer relevant.” Defendant contends that this court erred in hearing evidence concerning paternity since the court was bound by the doctrine of collateral estoppel. | 1 | 1 |
Commonwealth v. Covilgreen2 sentences1977Commonwealth v. Covil, 474 Pa. 375 n. 6 , 378 A.2d 841 n. 6 (1977) (voluntary manslaughter). 1977Commonwealth v. Covil, 474 Pa. 375 n. 6 , 378 A.2d 841 n. 6 (1977) (voluntary manslaughter). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Shinal, M., et ux, Aplts. v. Toms M.D., S.
green
2 sentences2021Whether the trial court erred in violation of Shinal v. Toms, 162 A.3d 429 (Pa. 2017) by denying two of Appellant’s jury challenges for cause without personally witnessing the voir dire process and failing to evaluate the demeanor of the challenged jurors? 2. 2019Whether the trial court erred in violation of Shinal v. Toms, 162 A.3d 429 (Pa. 2017) by denying two of Appellant’s jury challenges for cause without personally -4- J-A08032-19 witnessing the voir dire process and failing to evaluate the demeanor of the challenged jurors? 2. | 4 | 2019–2021 |
Werts v. Luzerne Borough Authority
green
2 sentences2018Condemnee first argues, based on Department of Transportation v. Florek , 71 Pa.Cmwlth. 615 , 455 A.2d 1263 (1983), and Werts v. Luzerne Borough Authority , 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974), that the trial court erred by hearing oral argument on the POs on December 21, 2016, prior to its holding an evidentiary hearing on January 11, 2017. 2018Condemnee first argues, based on Department of Transportation v. Florek , 71 Pa.Cmwlth. 615 , 455 A.2d 1263 (1983), and Werts v. Luzerne Borough Authority , 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974), that the trial court erred by hearing oral argument on the POs on December 21, 2016, prior to its holding an evidentiary hearing on January 11, 2017. | 1 | 2018–2018 |
Commonwealth, Department of Transportation v. Florek
green
2 sentences2018Condemnee first argues, based on Department of Transportation v. Florek , 71 Pa.Cmwlth. 615 , 455 A.2d 1263 (1983), and Werts v. Luzerne Borough Authority , 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974), that the trial court erred by hearing oral argument on the POs on December 21, 2016, prior to its holding an evidentiary hearing on January 11, 2017. 2018Condemnee first argues, based on Department of Transportation v. Florek , 71 Pa.Cmwlth. 615 , 455 A.2d 1263 (1983), and Werts v. Luzerne Borough Authority , 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974), that the trial court erred by hearing oral argument on the POs on December 21, 2016, prior to its holding an evidentiary hearing on January 11, 2017. | 1 | 2018–2018 |
Gerald G. v. Theresa G.
green
2 sentences2008All three children asked for an attorney. “(4) The court erred when State Trooper Dziedzic did not bring all that was asked by the subpoena, His report form April, 12, 2006. “(5) The court erred, when the subpeona for Jeannette Bolich to testify was noy (sic) honared (sic). “(6) The court erred by granting continued (sic) after continued (sic) to the defendant’s counsel. “(7) The court erred when a hearing judge interviews a child in a custody case, certain procedures must be generally met: “(1) counsel must be present: was denied “(2) counsel must have the opportunity to question the child: w 2008All three children asked for an attorney. “(4) The court erred when State Trooper Dziedzic did not bring all that was asked by the subpoena, His report form April, 12, 2006. “(5) The court erred, when the subpeona for Jeannette Bolich to testify was noy (sic) honared (sic). “(6) The court erred by granting continued (sic) after continued (sic) to the defendant’s counsel. “(7) The court erred when a hearing judge interviews a child in a custody case, certain procedures must be generally met: “(1) counsel must be present: was denied “(2) counsel must have the opportunity to question the child: w | 1 | 2008–2008 |
Commonwealth v. Jones
green
2 sentences2007And since, under the Collins decision, the relationship between the underlying claim that the court erred and a claim that counsel provided ineffective assistance in relation to such error are mutually exclusive, and as such are to be explored by reaching the merits of the ineffectiveness claim, we are constrained to inquire as to whether the PCRA Court below has considered and addressed Appellant’s ineffective assistance of counsel claims in their totality. 11 ¶ 13 Here, the Commonwealth’s reliance upon Commonwealth v. Jones, 590 Pa. 202 , 912 A.2d 268 (2006), is misplaced. 2007And since, under the Collins decision, the relationship between the underlying claim that the court erred and a claim that counsel provided ineffective assistance in relation to such error are mutually exclusive, and as such are to be explored by reaching the merits of the ineffectiveness claim, we are constrained to inquire as to whether the PCRA Court below has considered and addressed Appellant’s ineffective assistance of counsel claims in their totality. 11 ¶ 13 Here, the Commonwealth’s reliance upon Commonwealth v. Jones, 590 Pa. 202 , 912 A.2d 268 (2006), is misplaced. | 1 | 2007–2007 |
Commonwealth v. Kelly
green
2 sentences1990“As for his allegation that the court erred in its instruction to the jury, as the record bears no indication that he requested permission to file supplemental post-verdict motions, he has failed to preserve this issue as well.” (Slip Op., Guarino, J., 6/21/90, p. 2.) See Commonwealth v. Talley, 456 Pa. 574 , 318 A.2d 922 (1974); (Although rules provide a defendant may request leave to file additional reasons for a new trial, this is not a matter of right but rather a matter of discretion with the trial court.) See also Commonwealth v. Smith, 380 Pa.Super. 619 , 552 A.2d 1053 (1988); Commonwea 1990“As for his allegation that the court erred in its instruction to the jury, as the record bears no indication that he requested permission to file supplemental post-verdict motions, he has failed to preserve this issue as well.” (Slip Op., Guarino, J., 6/21/90, p. 2.) See Commonwealth v. Talley, 456 Pa. 574 , 318 A.2d 922 (1974); (Although rules provide a defendant may request leave to file additional reasons for a new trial, this is not a matter of right but rather a matter of discretion with the trial court.) See also Commonwealth v. Smith, 380 Pa.Super. 619 , 552 A.2d 1053 (1988); Commonwea | 1 | 1990–1990 |
Commonwealth v. Smith
green
2 sentences1990“As for his allegation that the court erred in its instruction to the jury, as the record bears no indication that he requested permission to file supplemental post-verdict motions, he has failed to preserve this issue as well.” (Slip Op., Guarino, J., 6/21/90, p. 2.) See Commonwealth v. Talley, 456 Pa. 574 , 318 A.2d 922 (1974); (Although rules provide a defendant may request leave to file additional reasons for a new trial, this is not a matter of right but rather a matter of discretion with the trial court.) See also Commonwealth v. Smith, 380 Pa.Super. 619 , 552 A.2d 1053 (1988); Commonwea 1990“As for his allegation that the court erred in its instruction to the jury, as the record bears no indication that he requested permission to file supplemental post-verdict motions, he has failed to preserve this issue as well.” (Slip Op., Guarino, J., 6/21/90, p. 2.) See Commonwealth v. Talley, 456 Pa. 574 , 318 A.2d 922 (1974); (Although rules provide a defendant may request leave to file additional reasons for a new trial, this is not a matter of right but rather a matter of discretion with the trial court.) See also Commonwealth v. Smith, 380 Pa.Super. 619 , 552 A.2d 1053 (1988); Commonwea | 1 | 1990–1990 |
Commonwealth v. Talley
green
2 sentences1990“As for his allegation that the court erred in its instruction to the jury, as the record bears no indication that he requested permission to file supplemental post-verdict motions, he has failed to preserve this issue as well.” (Slip Op., Guarino, J., 6/21/90, p. 2.) See Commonwealth v. Talley, 456 Pa. 574 , 318 A.2d 922 (1974); (Although rules provide a defendant may request leave to file additional reasons for a new trial, this is not a matter of right but rather a matter of discretion with the trial court.) See also Commonwealth v. Smith, 380 Pa.Super. 619 , 552 A.2d 1053 (1988); Commonwea 1990“As for his allegation that the court erred in its instruction to the jury, as the record bears no indication that he requested permission to file supplemental post-verdict motions, he has failed to preserve this issue as well.” (Slip Op., Guarino, J., 6/21/90, p. 2.) See Commonwealth v. Talley, 456 Pa. 574 , 318 A.2d 922 (1974); (Although rules provide a defendant may request leave to file additional reasons for a new trial, this is not a matter of right but rather a matter of discretion with the trial court.) See also Commonwealth v. Smith, 380 Pa.Super. 619 , 552 A.2d 1053 (1988); Commonwea | 1 | 1990–1990 |
Blair v. M'Kee
neutral
1 sentence1842In order to show that the court erred in their instruction to the jury on this point, the counsel for the plaintiff have cited and relied on the cases of Caufman v. The Cedar Spring Congregation, ( 6 Binn. 59 ); Blair v. M’Kee, ( 6 Serg. & Rawle 193 ); Bryson v. Hower, ( 8 Serg. & Rawle 409 ) ; and Merchant v. Millison, ( 3 Yeates 73 ). | 1 | 1842–1842 |
Bryson v. Hower
neutral
1 sentence1842In order to show that the court erred in their instruction to the jury on this point, the counsel for the plaintiff have cited and relied on the cases of Caufman v. The Cedar Spring Congregation, ( 6 Binn. 59 ); Blair v. M’Kee, ( 6 Serg. & Rawle 193 ); Bryson v. Hower, ( 8 Serg. & Rawle 409 ) ; and Merchant v. Millison, ( 3 Yeates 73 ). | 1 | 1842–1842 |
Caufman v. Presbyterian Congregation of Cedar Spring
green
1 sentence1842In order to show that the court erred in their instruction to the jury on this point, the counsel for the plaintiff have cited and relied on the cases of Caufman v. The Cedar Spring Congregation, ( 6 Binn. 59 ); Blair v. M’Kee, ( 6 Serg. & Rawle 193 ); Bryson v. Hower, ( 8 Serg. & Rawle 409 ) ; and Merchant v. Millison, ( 3 Yeates 73 ). | 1 | 1842–1842 |
Lessee of Merchant v. Millison
neutral
1 sentence1842In order to show that the court erred in their instruction to the jury on this point, the counsel for the plaintiff have cited and relied on the cases of Caufman v. The Cedar Spring Congregation, ( 6 Binn. 59 ); Blair v. M’Kee, ( 6 Serg. & Rawle 193 ); Bryson v. Hower, ( 8 Serg. & Rawle 409 ) ; and Merchant v. Millison, ( 3 Yeates 73 ). | 1 | 1842–1842 |
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.