Mitchell claim (Pennsylvania) · Go Syfert
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Mitchell claim in Pennsylvania

14 Pennsylvania opinions name it 3 courts 1999–2025 4 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 (6)

CaseFollowedCited
Commonwealth v. Huntergreen
pasuperct · 2001 · cited in 2 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021Clay, supra. See also Commonwealth v. Hunter, 768 A.2d 1136, 1142 (Pa. Super. 2001) (explaining that the trier of fact, when passing upon the credibility of witnesses and the weight to be accorded their testimony, is free to believe, all, part, or none of the evidence). ____________________________________________ 4 Our review of the trial transcript reveals that, on re-direct, the Complainant clarified that Mitchell had stabbed her in the leg during a prior domestic incident.

2021Clay, supra. See also Commonwealth v. Hunter, 768 A.2d 1136, 1142 (Pa. Super. 2001) (explaining that the trier of fact, when passing upon the credibility of witnesses and the weight to be accorded their testimony, is free to believe, all, part, or none of the evidence). ____________________________________________ 4 Our review of the trial transcript reveals that, on re-direct, the Complainant clarified that Mitchell had stabbed her in the leg during a prior domestic incident.

22
Commonwealth v. Lordgreen
pa · 1998 · cited in 2 Pennsylvania opinions naming this issue, 2017–2019
2 sentences

2019In Commonwealth v. Lord, 719 A.2d 306, 309 (Pa. 1998), our Supreme Court held that if an appellant is directed to file a concise statement of errors to be raised on appeal pursuant to Pa.R.A.P. 1925(b), “[a]ny issues not raised in a 1925(b) statement will be deemed waived.” See also Pa.R.A.P. 1925(b)(3)(vii) (stating that “issues not included in the Statement . . . are waived.”).

2017See Pa.R.A.P. 1925(b)(3)(vii) (providing that “issues not included in the Statement … are waived.”); see also Commonwealth v. Lord, 719 A.2d 306, 309 (Pa. 1998) (holding that, if an appellant is directed to file a concise statement of 3 In his Concise Statement, Mitchell stated his sufficiency claim as follows: “When considering all of the evidence in the light most favorable to the Commonwealth, there was insufficient [sic] to prove the allegations beyond a reasonable doubt.” Concise Statement, 10/26/16, at 2 (unnumbered). -3- J-S57031-17 matters to be raised on appeal pursuant to Pa.R.A.P. 1

22
Commonwealth v. Mitchellgreen
pa · 2003 · cited in 2 Pennsylvania opinions naming this issue, 2004–2012
2 sentences

2004We decided that our ability to assess the merits of Mitchell’s claim and to announce a standard for implementing Atkins was impaired because no Atkins defense existed when the trial court convicted and sentenced Mitchell. 10 Id.

2004We decided that our ability to assess the merits of Mitchell's claim and to announce a standard for implementing Atkins was impaired because no Atkins defense existed when the trial court convicted and sentenced Mitchell. [10] Id.

12
Com. v. Leap, J.green
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
2 sentences

2023See Commonwealth v. Leap, 222 A.3d 386 , 391 n.5 (Pa. Super. 2019).12 Thus, his claim is waived. ____________________________________________ 12 Another deficiency of Mitchell’s claim is his failure to identify where in the trial record the recording was played, which prevents this Court from (Footnote Continued Next Page) - 20 - J-S22041-22 Even if reviewable, the claim would lack merit.

2023See Pa.R.A.P. 2119(d); Leap, 222 A.3d at 391 n.5.14 Mitchell’s final issue asserts that the trial court imposed an illegal sentence for possessing an instrument of crime.

11
Commonwealth v. Peterkingreen
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Commonwealth v. Peterkin, 722 A.2d 638, 641 (Pa. 1998).

11
Commonwealth v. Prestongreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See Commonwealth v. Preston, 904 A.2d 1, 7 (Pa. Super. 2006) (en banc) (“In the absence of an adequate certified record, there is no support for an appellant’s arguments and thus, there is no basis on which relief could be granted.”).

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 (6)

CaseCitedYears
Commonwealth v. Clay green
pa · 2013
2 sentences

2021Clay, supra. See also Commonwealth v. Hunter, 768 A.2d 1136, 1142 (Pa. Super. 2001) (explaining that the trier of fact, when passing upon the credibility of witnesses and the weight to be accorded their testimony, is free to believe, all, part, or none of the evidence). ____________________________________________ 4 Our review of the trial transcript reveals that, on re-direct, the Complainant clarified that Mitchell had stabbed her in the leg during a prior domestic incident.

2021Clay, supra. See also Commonwealth v. Hunter, 768 A.2d 1136, 1142 (Pa. Super. 2001) (explaining that the trier of fact, when passing upon the credibility of witnesses and the weight to be accorded their testimony, is free to believe, all, part, or none of the evidence). ____________________________________________ 4 Our review of the trial transcript reveals that, on re-direct, the Complainant clarified that Mitchell had stabbed her in the leg during a prior domestic incident.

22021–2021
Jara v. Rexworks Inc. green
pasuperct · 1998
2 sentences

1999Id., citing Jones v. Constantino, 429 Pa.Super. 73 , 631 A.2d 1289 (1993). ¶ 7 Mitchell’s claim for restitution for services rendered lies not upon an express contract or written agreement, but, rather, upon the equitable theory of unjust enrichment.

1999Id., citing Jones v. Constantino, 429 Pa.Super. 73 , 631 A.2d 1289 (1993). ¶ 7 Mitchell's claim for restitution for services rendered lies not upon an express contract or written agreement, but, rather, upon the equitable theory of unjust enrichment.

21999–1999
Jones v. Constantino green
pasuperct · 1993
2 sentences

1999Id., citing Jones v. Constantino, 429 Pa.Super. 73 , 631 A.2d 1289 (1993). ¶ 7 Mitchell’s claim for restitution for services rendered lies not upon an express contract or written agreement, but, rather, upon the equitable theory of unjust enrichment.

1999Id., citing Jones v. Constantino, 429 Pa.Super. 73 , 631 A.2d 1289 (1993). ¶ 7 Mitchell’s claim for restitution for services rendered lies not upon an express contract or written agreement, but, rather, upon the equitable theory of unjust enrichment.

21999–1999
Com., Dept. of Transp. v. Mitchell green
pa · 1987
1 sentence

2025Cf. Mitchell, 535 A.2d at 585-86 .

12025–2025
Commonwealth v. Seese green
pa · 1986
2 sentences

2004With respect to her second and third sub-claims, Mitchell’s reliance on Commonwealth v. Seese, 512 Pa. 439 , 517 A.2d 920 (1986), is misplaced.

2004With respect to her second and third sub-claims, Mitchell’s reliance on Commonwealth v. Seese, 512 Pa. 439 , 517 A.2d 920 (1986), is misplaced.

12004–2004
Stecher v. Ford Motor Co. green
pasuperct · 2001
1 sentence

2002As acknowledged by the majority, the plaintiff in such action need prove “only that defect was a substantial factor in producing damages over and above those which were probably caused as a result of the original impact or collision.” (Majority Opinion at 495) The majority is introducing a change in the law of Pennsylvania based on concepts which are not applicable to the case and upon facts which are contrary to those established at trial and as found by the jury. 779 A.2d at 502-503 .

12002–2002

Where else courts name it

OH 22 (1986–2026) TX 22 (1914–2025) CA 21 (1988–2024) GA 19 (1990–2023) FL 17 (1969–2018) NY 16 (1977–2025) PA 14 (1999–2025) AL 11 (1990–2010) IL 10 (1990–2021) HI 10 (1985–2020) IN 9 (1987–2020) MO 9 (1982–2020) AZ 7 (1972–2014) AR 7 (1952–2023) MN 6 (1979–2016) NM 6 (1989–2019) IA 5 (2021–2024) MD 5 (1994–2024) WY 5 (1998–2023) UT 5 (2007–2023) MI 5 (1976–2023) DE 5 (2015–2024) WI 5 (1953–2025) WA 5 (1976–2020) OK 4 (1995–2018) LA 4 (1964–2001) VA 4 (1955–2021) TN 4 (2017–2025) DC 4 (1951–2013) SC 4 (2001–2015) MA 3 (2002–2016) MS 3 (1986–2021) AK 3 (1995–2021) KS 3 (2003–2015) CO 3 (1965–2025) SD 2 (1987–2009) MT 2 (1976–2009) ME 2 (2006–2010) NJ 2 (1984–2020) WV 2 (1993–2003) NV 2 (2006–2015) VT 2 (2000–2010) NE 2 (2016–2016) KY 2 (2000–2025) NH 2 (2001–2003)

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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