straightforward challenge (Pennsylvania) · Go Syfert
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straightforward challenge in Pennsylvania

13 Pennsylvania opinions name it 3 courts 1984–2026 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 (8)

CaseFollowedCited
Lawson v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 2009 · cited in 2 Pennsylvania opinions naming this issue, 2016–2024
2 sentences

2024See Lawson v. Pa. Bd. of Prob. & Parole, 977 A.2d 85, 87 (Pa. Cmwlth. 2009) (“[d]etermining whether a revocation hearing was timely is a straightforward inquiry that is governed by Board regulation”).

2016“Determining whether a revocation hearing was timely is a straightforward inquiry that is governed by Board regulation.” Id.

12
Commonwealth v. Santanagreen
pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026Appellant attempts to circumvent this straightforward analysis by citing the well-settled principle that “testimony in conflict with the incontrovertible physical facts and contrary to human experience and the laws of nature must be rejected[.]” Appellant’s Brief at 7 (quoting Commonwealth v. Santana, 333 A.2d 876, 878 (Pa. 1975)). -5- J-S02032-26 To establish that this principle applies, Appellant first avers that M.C.’s testimony contradicted her own account.

11
Petry v. Beauvarletgreen
pa · 1804 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Not long after the 1790 Constitution was adopted, this Court interpreted this provision as creating a straightforward rule: “Publish as you please in the first instance without control; but you are answerable both to the community and the individual, if you proceed to unwarrantable lengths.” Respublica v. Dennie, 4 Yeates 267 , 269 (Pa. 1805); see Commonwealth v. Duane (Pa. 1806) (Tilghman, C.J.), reported at 1 Binn. 97 , 1804 WL 969 , at *1 n.a (“It is generally understood . . . that this provision was intended to prevent men’s writings from being subject to the previous examination and contr

11
Respublica v. Oswaldgreen
scotus · 1788 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Not long after the 1790 Constitution was adopted, this Court interpreted this provision as creating a straightforward rule: “Publish as you please in the first instance without control; but you are answerable both to the community and the individual, if you proceed to unwarrantable lengths.” Respublica v. Dennie, 4 Yeates 267 , 269 (Pa. 1805); see Commonwealth v. Duane (Pa. 1806) (Tilghman, C.J.), reported at 1 Binn. 97 , 1804 WL 969 , at *1 n.a (“It is generally understood . . . that this provision was intended to prevent men’s writings from being subject to the previous examination and contr

11
Reed v. Dupuisgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., Reed v. Dupuis, 920 A.2d 861, 866 (Pa. Super. 2007) (finding landlord had a legal duty to exercise reasonable care to fulfill her promise to correct a water infiltration problem which is “separate and distinct from her contractual duty”).

2014See, e.g., Reed v. Dupuis, 920 A.2d 861, 866 (Pa.Super.2007) (finding landlord had a legal duty to exercise reasonable care to fulfill her promise to correct a water infiltration problem which is “separate and distinct from her contractual duty”).

11
Freed v. Geisinger Medical Centergreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
2 sentences

2010See Freed, 601 Pa. at 255 , 971 A.2d at 1215 (Eakin, J., dissenting).

2010See Freed, 601 Pa. at 255 , 971 A.2d at 1215 (Eakin, J., dissenting).

11
Binder v. Triangle Publications, Inc.green
pa · 1971 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999
2 sentences

1999This straightforward rule advances the laudable and long-recognized policy goal of "encourag[ing] [the witness'] complete and unintimidated testimony in court...." Binder v. Triangle Publications, Inc., 442 Pa. 319 , 275 A.2d 53, 56 (1971).

1999This straightforward rule advances the laudable and long-recognized policy goal of "encourag[ing] [the witness'] complete and unintimidated testimony in court...." Binder v. Triangle Publications, Inc., 442 Pa. 319 , 275 A.2d 53, 56 (1971).

11
Commonwealth v. Goncegreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987The trial court, therefore, “could reasonably have concluded that the balance of the Commonwealth’s need for the evidence and its prejudice to appellant weighed more heavily in favor of the Commonwealth.” Commonwealth v. Gonce, 320 Pa.Super. 19, 35 , 466 A.2d 1039, 1047 (1983).

1987The trial court, therefore, “could reasonably have concluded that the balance of the Commonwealth’s need for the evidence and its prejudice to appellant weighed more heavily in favor of the Commonwealth.” Commonwealth v. Gonce, 320 Pa.Super. 19, 35 , 466 A.2d 1039, 1047 (1983).

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 (12)

CaseCitedYears
Commonwealth v. Muniz, J., Aplt. red
pa · 2017
2 sentences

2019See Martinez, supra; Fernandez, supra. See also 42 Pa.C.S.A. § 9543(a)(2) (enumerating cognizable issues under PCRA).1 In response to Appellant’s contract claim, the trial court reasoned as ____________________________________________ 1 If Appellant’s current petition were a straightforward challenge to the legality of his sentence, per Commonwealth v. Muniz, 640 Pa. 699 , 164 A.3d 1189 (2017), it would fall under the PCRA and be deemed untimely.

2019See Martinez, supra; Fernandez, supra. See also 42 Pa.C.S.A. § 9543(a)(2) (enumerating cognizable issues under PCRA).1 In response to Appellant’s contract claim, the trial court reasoned as ____________________________________________ 1 If Appellant’s current petition were a straightforward challenge to the legality of his sentence, per Commonwealth v. Muniz, 640 Pa. 699 , 164 A.3d 1189 (2017), it would fall under the PCRA and be deemed untimely.

22019–2019
Commonwealth v. Fernandez green
pasuperct · 2018
2 sentences

2019See Martinez, supra; Fernandez, supra. See also 42 Pa.C.S.A. § 9543(a)(2) (enumerating cognizable issues under PCRA).1 In response to Appellant’s contract claim, the trial court reasoned as ____________________________________________ 1 If Appellant’s current petition were a straightforward challenge to the legality of his sentence, per Commonwealth v. Muniz, 640 Pa. 699 , 164 A.3d 1189 (2017), it would fall under the PCRA and be deemed untimely.

2019See Martinez, supra; Fernandez, supra. See also 42 Pa.C.S.A. § 9543(a)(2) (enumerating cognizable issues under PCRA).1 In response to Appellant’s contract claim, the trial court reasoned as ____________________________________________ 1 If Appellant’s current petition were a straightforward challenge to the legality of his sentence, per Commonwealth v. Muniz, 640 Pa. 699 , 164 A.3d 1189 (2017), it would fall under the PCRA and be deemed untimely.

22019–2019
Com. v. Gunn green
pa · 2008
2 sentences

2019See 42 Pa.C.S.A. § 9543(a)(2)(i), (vii); Commonwealth v. Fowler, 930 A.2d 586 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (holding collateral attack on legality of sentence must be raised in timely PCRA petition; challenges to legality of sentence must first satisfy PCRA time limits or one of statutory exceptions).

2019See 42 Pa.C.S.A. § 9543(a)(2)(i), (vii); Commonwealth v. Fowler, 930 A.2d 586 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (holding collateral attack on legality of sentence must be raised in timely PCRA petition; challenges to legality of sentence must first satisfy PCRA time limits or one of statutory exceptions).

22019–2019
Commonwealth v. Fowler green
pasuperct · 2007
2 sentences

2019See 42 Pa.C.S.A. § 9543(a)(2)(i), (vii); Commonwealth v. Fowler, 930 A.2d 586 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (holding collateral attack on legality of sentence must be raised in timely PCRA petition; challenges to legality of sentence must first satisfy PCRA time limits or one of statutory exceptions).

2019See 42 Pa.C.S.A. § 9543(a)(2)(i), (vii); Commonwealth v. Fowler, 930 A.2d 586 (Pa.Super. 2007), appeal denied, 596 Pa. 715 , 944 A.2d 756 (2008) (holding collateral attack on legality of sentence must be raised in timely PCRA petition; challenges to legality of sentence must first satisfy PCRA time limits or one of statutory exceptions).

22019–2019
In Re MW green
pa · 1999
1 sentence

2021The decision in M.W. set forth a straightforward test for determining the nature of a claim challenging an order of restitution: “Where such a challenge is directed to the trial court’s authority to impose restitution, it concerns the legality of the sentence; however, where the challenge is premised upon a claim that the restitution order is excessive, it involves a discretionary aspect of sentencing.” M.W., supra at 731 n.4.

12021–2021
Commonwealth v. Couture green
mass · 1990
2 sentences

2019We find much greater appeal in decisions of our sister states such as Commonwealth v. Couture , 407 Mass. 178 , 552 N.E.2d 538 (1990), and Pinner v. State , 74 N.E.3d 226 (Ind. 2017), which apply a more straightforward analysis of Fourth Amendment principles.

2019We find much greater appeal in decisions of our sister states such as Commonwealth v. Couture , 407 Mass. 178 , 552 N.E.2d 538 (1990), and Pinner v. State , 74 N.E.3d 226 (Ind. 2017), which apply a more straightforward analysis of Fourth Amendment principles.

12019–2019
Thomas Pinner v. State of Indiana green
ind · 2017
2 sentences

2019We find much greater appeal in decisions of our sister states such as Commonwealth v. Couture, 552 N.E.2d 538 (Mass. 1990), and Pinner v. State, 74 N.E.3d 226 (Ind. 2017), which apply a more straightforward analysis of Fourth Amendment principles.

2019We find much greater appeal in decisions of our sister states such as Commonwealth v. Couture , 407 Mass. 178 , 552 N.E.2d 538 (1990), and Pinner v. State , 74 N.E.3d 226 (Ind. 2017), which apply a more straightforward analysis of Fourth Amendment principles.

12019–2019
Panitz v. Behrend green
pasuperct · 1993
2 sentences

1999Furthermore, I agree with the position as ably stated by the Superior Court in Panitz that there “is no reason for refusing to apply the privilege to friendly experts hired by a party.” Panitz, 632 A.2d at 565 .

1999Furthermore, I agree with the position as ably stated by the Superior Court in Panitz that there "is no reason for refusing to apply the privilege to friendly experts hired by a party." Panitz, 632 A.2d at 565 .

11999–1999
Commonwealth v. Kearse green
pa · 1984
2 sentences

1987The Commonwealth, consequently, “lacked an adequate alternative means to present a straightforward challenge to the veracity of appellant as a witness.” Kearse, 326 Pa.Super. at 10 , 473 A.2d at 582 .

1987The Commonwealth, consequently, “lacked an adequate alternative means to present a straightforward challenge to the veracity of appellant as a witness.” Kearse, 326 Pa.Super. at 10 , 473 A.2d at 582 .

11987–1987
Commonwealth v. Kaster green
pasuperct · 1982
2 sentences

1984Commonwealth v. Henderson, supra 497 Pa. at 36 , 438 A.2d at 957 ; Commonwealth v. Toomey, supra 321 Pa.Super. at 290-291, 468 A.2d at 484 (1983); Commonwealth v. Zabala, supra 310 Pa.Super. at 321 , 456 A.2d at 632 ; Commonwealth v. Kaster, supra 300 Pa.Super. at 179 , 446 A.2d at 289 .

1984Commonwealth v. Henderson, supra 497 Pa. at 36 , 438 A.2d at 957 ; Commonwealth v. Toomey, supra 321 Pa.Super. at 290-291, 468 A.2d at 484 (1983); Commonwealth v. Zabala, supra 310 Pa.Super. at 321 , 456 A.2d at 632 ; Commonwealth v. Kaster, supra 300 Pa.Super. at 179 , 446 A.2d at 289 .

11984–1984
Commonwealth v. Henderson green
pa · 1981
2 sentences

1984Commonwealth v. Henderson, supra 497 Pa. at 36 , 438 A.2d at 957 ; Commonwealth v. Toomey, supra 321 Pa.Super. at 290-291, 468 A.2d at 484 (1983); Commonwealth v. Zabala, supra 310 Pa.Super. at 321 , 456 A.2d at 632 ; Commonwealth v. Kaster, supra 300 Pa.Super. at 179 , 446 A.2d at 289 .

1984Commonwealth v. Henderson, supra 497 Pa. at 36 , 438 A.2d at 957 ; Commonwealth v. Toomey, supra 321 Pa.Super. at 290-291, 468 A.2d at 484 (1983); Commonwealth v. Zabala, supra 310 Pa.Super. at 321 , 456 A.2d at 632 ; Commonwealth v. Kaster, supra 300 Pa.Super. at 179 , 446 A.2d at 289 .

11984–1984
Commonwealth v. Zabala green
pasuperct · 1983
2 sentences

1984Commonwealth v. Henderson, supra 497 Pa. at 36 , 438 A.2d at 957 ; Commonwealth v. Toomey, supra 321 Pa.Super. at 290-291, 468 A.2d at 484 (1983); Commonwealth v. Zabala, supra 310 Pa.Super. at 321 , 456 A.2d at 632 ; Commonwealth v. Kaster, supra 300 Pa.Super. at 179 , 446 A.2d at 289 .

1984Commonwealth v. Henderson, supra 497 Pa. at 36 , 438 A.2d at 957 ; Commonwealth v. Toomey, supra 321 Pa.Super. at 290-291, 468 A.2d at 484 (1983); Commonwealth v. Zabala, supra 310 Pa.Super. at 321 , 456 A.2d at 632 ; Commonwealth v. Kaster, supra 300 Pa.Super. at 179 , 446 A.2d at 289 .

11984–1984

Where else courts name it

CA 25 (1979–2025) PA 13 (1984–2026) MI 13 (1976–2023) TX 13 (1982–2024) IL 12 (1991–2019) NJ 10 (1984–2026) VT 7 (1996–2022) WA 7 (1994–2026) NY 7 (1996–2025) DE 6 (2007–2026) NM 5 (2007–2025) LA 5 (1994–2025) WI 4 (2000–2024) NC 4 (1984–2019) GA 4 (2011–2024) MD 4 (1996–2026) MN 4 (1999–2026) OR 3 (1986–2003) VA 3 (2023–2025) MA 3 (1974–2017) WV 3 (1983–2020) OH 3 (2019–2025) KS 2 (2014–2022) FL 2 (1981–2025) NE 2 (1990–1993) KY 2 (2020–2021) MO 2 (1981–2003) ID 2 (2022–2022) AR 2 (2005–2024) IN 2 (1983–2020) DC 2 (2008–2020) UT 2 (2005–2023) IA 2 (2019–2022) SC 2 (2017–2019)

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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