adopt analysis (Pennsylvania) · Go Syfert
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adopt analysis in Pennsylvania

12 Pennsylvania opinions name it 3 courts 1926–2024 1 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 (3)

CaseFollowedCited
Torres v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Torres, 861 A.2d at 402 (Friedman, J., concurring).

11
Morgan v. Foretichgreen
dc · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
1 sentence

2003In raising this issue in his sixth state petition for a writ of habeas corpus, Chadwick had urged the court to adopt a test showing that “incarceration may become punitive where ‘the contemnor has shown there is no realistic possibility or [a] substantial likelihood that continued confinement will [ever] accomplish its coercive purpose.’ ” Chadwick II, slip op. at 5 (quoting Morgan v. Foretich, 564 A.2d 1, 4 (D.C.1989)).

11
Williams v. Williamsgreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1989–1989
2 sentences

1989For this Court to adopt a rule permitting "Pennsylvania courts to second guess the courts of another jurisdiction with respect to counsel fees incurred in litigation pursued in the courts of such other jurisdiction would be improvident, unwieldy, and unwise and would violate principles of res judicata." Williams v. Williams, supra, 373 Pa.Superior Ct. at 163, 540 A.2d at 573 (Concurring and Dissenting Opinion by Wieand, J.).

1989Pa.Superior Ct. at 163, 540 A.2d at 573 (Concurring and Dissenting Opinion by Wieand, J.).

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. Beeren green
pactcomplgreene · 1973
1 sentence

2024The Commonwealth urges this Court to adopt the analysis of Beeren, 68 Pa. D. & C. 2d 93 , where the defendant was convicted for unlawful use of a vehicle to hunt under Section 704 of the Game Law of 1937, formerly 34 P.S. §1311.704.5 5 The Game Law of 1937 was repealed and reenacted in the Game Code, Act of July 8, 1986, P.L. 442, 34 Pa. C.S. §§101-2965. 8 The offense of unlawful use of vehicle was first established in the Game Law of 1937.

12024–2024
Commonwealth v. Cabeza green
pa · 1983
1 sentence

2019Id.

12019–2019
United States v. Juan Liranzo green
ca2 · 1991
1 sentence

2018For instance, he urges this Court to adopt a standard applied in “federal court jurisprudence” in the context of “[p]re-trial agreements, such as cooperation agreements and proffer agreements….” Appellant’s Brief at 39-40 (citing United States v. Liranzo, 944 F.2d 73 , 77 (2nd Cir. 1991)).

12018–2018
Pittman v. Pennsylvania Board of Probation & Parole green
pacommwct · 2016
1 sentence

2016There is no statutory authority for such a “rule” and, in any event, it would be contrary to the express provisions of 61 Pa. C.S. §6138(a)(2). 5 properly exercised its discretion in denying Holley credit for his street time and, in support, it directs this Court to its recent en banc decision in Pittman v. Pennsylvania Board of Probation and Parole, 131 A.3d 604 (Pa. Cmwlth. 2016), appeal granted, __ A.3d __ (Pa., No. 90 MAL 2016, filed May 23, 2016).

12016–2016
Timothy G. McGurk v. Donald Stenberg, Attorney General for the State of Nebraska Michael Thurber, Superintendent of the Lancaster County Jail green
ca8 · 1998
1 sentence

2008In the present case, appellants claim that the Superior Court erred in vacating the PCRA court’s new trial order because the failure of trial counsel to request an of-record, oral jury waiver colloquy by the trial court involves a structural error that is not subject to the prejudice requirement of Strickland, 12 Appellants urge this Court to adopt the analysis in McGurk v. Stenberg, 163 F.3d 470 (8th Cir.1998), and rule that if counsel’s ineffectiveness causes a jury waiver that was neither knowing nor voluntary, the defendant does not have to establish that the outcome of the jury trial woul

12008–2008
Patriot Party Of Allegheny County v. Allegheny County Department Of Elections green
ca3 · 1996
1 sentence

2004Arguing the holdings in Patriot Party of Allegheny County v. Allegheny County Department of Elections (Patriot Party I), 95 F.3d 253 (3d Cir.1996), and Reform Party of Allegheny County v. Allegheny County Department of Elections (Patriot Party II), 174 F.3d 305 (3d Cir.1999), Candidates urge this Court to adopt the analysis in those cases and to conclude that any statutory prohibition against Candidates’ running in Pennsylvania because of the Reform Party nomination would violate their equal protection rights inasmuch as no strong state interest would be served by denying Candidates ballot sta

12004–2004
Reform Party of Allegheny County v. Allegheny County Department of Elections Mark Wolosik, Director of the Allegheny County Department of Elections green
ca3 · 1999
1 sentence

2004Arguing the holdings in Patriot Party of Allegheny County v. Allegheny County Department of Elections (Patriot Party I), 95 F.3d 253 (3d Cir.1996), and Reform Party of Allegheny County v. Allegheny County Department of Elections (Patriot Party II), 174 F.3d 305 (3d Cir.1999), Candidates urge this Court to adopt the analysis in those cases and to conclude that any statutory prohibition against Candidates’ running in Pennsylvania because of the Reform Party nomination would violate their equal protection rights inasmuch as no strong state interest would be served by denying Candidates ballot sta

12004–2004
Rodgers v. Chimney Rock Public Power District green
neb · 1984
2 sentences

1985In Rodgers v. Chimney Rock Public Power District, 216 Neb. 666 , 345 N.W.2d 12 (1984), a negligence case, plaintiff had urged that the court adopt the doctrine of strict liability with respect to the distribution of electrical power and that the court consider electric power a product or “goods” so that the rules regarding implied warranties would be applicable.

1985In Rodgers v. Chimney Rock Public Power District, 216 Neb. 666 , 345 N.W.2d 12 (1984), a negligence case, plaintiff had urged that the court adopt the doctrine of strict liability with respect to the distribution of electrical power and that the court consider electric power a product or “goods” so that the rules regarding implied warranties would be applicable.

11985–1985
Emlen's Estate green
pa · 1939
2 sentences

1944It has been reaffirmed in Erie Trust Company’s Case (No. 2), 326 Pa. 218 , 191 A. 584 , and Emlen’s Estate, 333 Pa. 238 , 4 A. 2d 143 .

1944It has been reaffirmed in Erie Trust Company’s Case (No. 2), 326 Pa. 218 , 191 A. 584 , and Emlen’s Estate, 333 Pa. 238 , 4 A. 2d 143 .

11944–1944
Brnilovich v. St. George Independent Serbian Orthodox Church of Pittsburgh green
pa · 1937
1 sentence

1944It has been reaffirmed in Erie Trust Company’s Case (No. 2), 326 Pa. 218 , 191 A. 584 , and Emlen’s Estate, 333 Pa. 238 , 4 A. 2d 143 .

11944–1944
Erie Trust Company's Case (No. 2) green
pa · 1937
1 sentence

1944It has been reaffirmed in Erie Trust Company’s Case (No. 2), 326 Pa. 218 , 191 A. 584 , and Emlen’s Estate, 333 Pa. 238 , 4 A. 2d 143 .

11944–1944
Root v. Republic Acceptance Corp. green
pa · 1924
1 sentence

1926Not only have we no power to adopt the rule, but we know of nothing commending the commercial practice described by Mr. Justice Schaefer in Root v. Republic Acceptance Corp., supra, as “the camouflage of papers giving a *352 similitude of the passing of title.” Appellant was therefore not entitled to judgment n. o. v. We come, then, to the question, for whom should judgment have been entered on the whole record, and to the consideration of an additional element in the proceeding not yet mentioned.

11926–1926

Where else courts name it

WA 20 (1967–2012) NV 18 (1972–2022) CA 15 (1976–2021) ID 14 (1973–2026) MD 14 (1866–2022) CT 13 (1973–2013) TN 13 (1988–2022) IL 12 (1878–2026) TX 12 (1985–2015) PA 12 (1926–2024) MI 10 (1966–2024) NM 10 (1982–2024) RI 10 (1969–2020) FL 9 (1975–2014) NY 9 (1888–2004) DE 9 (1983–2026) NE 9 (1920–2022) MN 8 (1982–2015) MO 8 (1893–2023) LA 7 (1960–2025) UT 7 (1986–2019) IN 7 (1937–2016) OH 7 (1977–2020) MT 7 (1913–2007) HI 6 (1981–2018) VA 6 (1984–2012) KS 6 (1984–2011) MA 6 (1988–2008) NC 6 (1978–2015) AL 6 (1898–2008) VT 6 (1985–2026) WI 5 (1977–2026) WV 5 (1993–2022) ND 5 (1921–2024) AK 4 (1971–1995) DC 4 (1980–1994) KY 4 (1984–2017) AZ 4 (1985–2014) NJ 4 (1982–2017) WY 4 (1993–2008) OR 4 (1985–2018) SC 3 (1984–2011) MS 3 (1987–1989) IA 2 (1983–1989) CO 2 (1931–2020) ME 2 (2002–2007) GA 2 (1991–2013) AR 2 (1998–1999)

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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