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13 Pennsylvania opinions name it 2 courts 1985–2025 6 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. Torresgreen2 sentences2024Commonwealth v. Torres, 564 Pa. 219, 224 , 766 A.2d 342, 345 (2001) (citations omitted). 2016Commonwealth v. Torres. 766 A.2d 342, 345 (Pa. 1999); If there is such evidence, then the burden is placed upon the Commonwealth to disprove the claim of self-defense beyond a reasonable doubt. | 4 | 5 |
Commonwealth v. Bohonyigreen2 sentences2008Commonwealth v. Bohonyi, 900 A.2d 877, 884 (Pa.Super.2006) (emphasis in original). ¶ 14 Based on the aforementioned, we agree with Appellant that he was permitted to present a mistake of age defense to the crime of statutory sexual assault, and once proffered, the burden shifted to the Commonwealth to disprove the defense. 2008Commonwealth v. Bohonyi, 900 A.2d 877, 884 (Pa.Super.2006) (emphasis in original). *1179 ¶ 14 Based on the aforementioned, we agree with Appellant that he was permitted to present a mistake of age defense to the crime of statutory sexual assault, and once proffered, the burden shifted to the Commonwealth to disprove the defense. | 4 | 4 |
Com. v. AWCgreen1 sentence2025See id. at 1178-79 (absent - 38 - J-A08003-25 defendant proffering such defense, Commonwealth bears no burden of proof regarding defendant’s knowledge of or belief as to age of child victim). | 1 | 1 |
Commonwealth v. Mouzongreen1 sentence2022See Commonwealth v. Mouzon, 53 A.3d 738, 742 (Pa. 2012) (where evidence is introduced which raises an issue relating to an affirmative defense, the burden of proof falls on the Commonwealth to disprove the defense). | 1 | 1 |
Commonwealth v. Samuelgreen1 sentence2016Commonwealth v. Samuels. 590 A.2d 1245, 1247 (Pa. 1991). | 1 | 1 |
Commonwealth v. Edmistongreen2 sentences1995See Commonwealth v. Edmiston, 535 Pa. 210 , 634 A.2d 1078 (1993) (once a defendant has demonstrated that he was overwhelmed to the point of losing his faculties and sensibilities, it then rests upon the Commonwealth to disprove this defense and to establish, beyond a reasonable doubt, that the specific intent to kill did exist). 1995See Commonwealth v. Edmiston, 535 Pa. 210 , 634 A.2d 1078 (1993) (once a defendant has demonstrated that he was overwhelmed to the point of losing his faculties and sensibilities, it then rests upon the Commonwealth to disprove this defense and to establish, beyond a reasonable doubt, that the specific intent to kill did exist). | 1 | 1 |
Commonwealth v. Cartagenagreen2 sentences1985See Commonwealth v. Cartagena, 482 Pa. 6, 23 , 393 A.2d 350, 359 (1978). 2 This is because the truth of all affirmative defenses goes to the final analysis of the guilt and the rightness of punishing the accused. 1985See Commonwealth v. Cartagena, 482 Pa. 6, 23 , 393 A.2d 350, 359 (1978). 2 This is because the truth of all affirmative defenses goes to the final analysis of the guilt and the rightness of punishing the accused. | 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. Dennis
green
2 sentences2008See Bohonyi supra; Dennis, supra (indicating mistake of age is a defense to statutory sexual assault under Section 3122.1). ¶ 15 Here, Appellant presented his testimony, his sister’s testimony, and his mother’s testimony, which established that, pri- or to the incident of sexual intercourse, A.M. told them she was fourteen years old. 2008See Bohonyi, supra ; Dennis, supra (indicating mistake of age is a defense to statutory sexual assault under Section 3122.1). ¶ 15 Here, Appellant presented his testimony, his sister's testimony, and his mother's testimony, which established that, prior to the incident of sexual intercourse, A.M. told them she was fourteen years old. | 2 | 2008–2008 |
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.