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12 Pennsylvania opinions name it 4 courts 1973–2022 3 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 Ex Rel. Fox v. Swinggreen1 sentence2022See Commonwealth v. Reed, 971 A.2d 1216, 1220 (Pa. 2009) (holding that Reed could not prove prejudice from prior counsel’s failure to develop a claim on direct review where this Court ruled that the claim was both waived for want of development and devoid of substantive merit), citing Commonwealth v. Swing, 186 A.2d 24, 26 (Pa. 1962) (“[w]here a decision rests on two or more grounds equally valid, none may be relegated to the - 17 - J-S36041-21 inferior status of obiter dictum”). | 1 | 1 |
Commonwealth v. Reedgreen1 sentence2022See Commonwealth v. Reed, 971 A.2d 1216, 1220 (Pa. 2009) (holding that Reed could not prove prejudice from prior counsel’s failure to develop a claim on direct review where this Court ruled that the claim was both waived for want of development and devoid of substantive merit), citing Commonwealth v. Swing, 186 A.2d 24, 26 (Pa. 1962) (“[w]here a decision rests on two or more grounds equally valid, none may be relegated to the - 17 - J-S36041-21 inferior status of obiter dictum”). | 1 | 1 |
Office of Disciplinary Counsel v. Larasongreen2 sentences2008In a more recent case, this Court ruled that this inquiry requires us to determine whether providing the item to the jury was prejudicial: “If there is a likelihood the importance of the evidence will be skewed, prejudice may be found; if not, there is no prejudice per se and the error is harmless.” Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa.Super.2005), appeal denied, 583 Pa. 694 , 879 A.2d 781 (2005). ¶ 41 In our discussion of the trial court’s violation of Rule 602 hereinabove, we have already determined that there is no evidence or other basis in the record on appeal to conclude that t 2008In a more recent case, this Court ruled that this inquiry requires us to determine whether providing the item to the jury was prejudicial: "If there is a likelihood the importance of the evidence will be skewed, prejudice may *1286 be found; if not, there is no prejudice per se and the error is harmless." Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa.Super.2005), appeal denied, 583 Pa. 694 , 879 A.2d 781 (2005). ¶ 41 In our discussion of the trial court's violation of Rule 602 hereinabove, we have already determined that there is no evidence or other basis in the record on appeal to conclude | 1 | 1 |
Commonwealth v. Rompillagreen2 sentences1998See Rompilla, 539 Pa. at 508-09 , 653 A.2d at 630-31 . 1998See Rompilla, 539 Pa. at 508-09 , 653 A.2d at 630-31 . | 1 | 1 |
Commonwealth Ex Rel. Washington v. Maroneygreen2 sentences1984In that case, the Court ruled that inquiry ceases *435 and counsel's stewardship is deemed constitutionally effective "once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client's interests." Id. 427 Pa. at 604-05 , 235 A.2d at 352-53 (Emphasis in original). 1984In that case, the Court ruled that inquiry ceases *435 and counsel's stewardship is deemed constitutionally effective "once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client's interests." Id. 427 Pa. at 604-05 , 235 A.2d at 352-53 (Emphasis in original). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alabama v. Smith
green
1 sentence2022This holding was subsequently limited in Alabama v. Smith, 490 U.S. 794 (1989), where the Court ruled that no presumption of vindictiveness arises from a longer sentence imposed after a trial than after a guilty plea that has been vacated on appeal. | 1 | 2022–2022 |
Fisher, H. v. Erie Insurance Exchange
green
2 sentences2022In Fisher, the court ruled that a privilege log adequate for that purpose must “provide enough useful information . . . to enable the trial court to rule on the relevance of the items listed or explain why the privileges raised were applicable.” Id. at 462 . 2022The party claiming attorney-client privilege in Fisher had presented a privilege log that “simply list[ed] numbers of documents, the subject of the document, and the privilege basis, all in cursory fashion.” Id. | 1 | 2022–2022 |
Commonwealth v. Fletcher
green
1 sentence2009Fletcher I, 750 A.2d at 275 -76 & n. 20. | 1 | 2009–2009 |
Com. v. Dupre
green
2 sentences2008In a more recent case, this Court ruled that this inquiry requires us to determine whether providing the item to the jury was prejudicial: “If there is a likelihood the importance of the evidence will be skewed, prejudice may be found; if not, there is no prejudice per se and the error is harmless.” Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa.Super.2005), appeal denied, 583 Pa. 694 , 879 A.2d 781 (2005). ¶ 41 In our discussion of the trial court’s violation of Rule 602 hereinabove, we have already determined that there is no evidence or other basis in the record on appeal to conclude that t 2008In a more recent case, this Court ruled that this inquiry requires us to determine whether providing the item to the jury was prejudicial: "If there is a likelihood the importance of the evidence will be skewed, prejudice may *1286 be found; if not, there is no prejudice per se and the error is harmless." Commonwealth v. Dupre, 866 A.2d 1089, 1103 (Pa.Super.2005), appeal denied, 583 Pa. 694 , 879 A.2d 781 (2005). ¶ 41 In our discussion of the trial court's violation of Rule 602 hereinabove, we have already determined that there is no evidence or other basis in the record on appeal to conclude | 1 | 2008–2008 |
Commonwealth v. Williams
green
2 sentences2003This Court ruled that the requirement that a parole officer obtain a warrant supported by probable cause prior to conducting a search is inapplicable in a parole context because "parole is a form of criminal punishment imposed after a guilty verdict and the states must have the necessary power over parolees in order to successfully administer a parole system as a controlled passage way between prison and freedom." Id. at 1035 (citing Griffin, 483 U.S. at 873-875 , 107 S.Ct. 3164 ). 2003This Court ruled that the requirement that a parole officer obtain a warrant supported by probable cause prior to conducting a search is inapplicable in a parole context because “parole is a form of criminal punishment imposed after a guilty verdict and the states must have the necessary power over parolees in order to successfully administer a parole system as a controlled passage way between prison and freedom.” Id. at 1035 (citing Griffin, 483 U.S. at 873-875 , 107 S.Ct. 3164 ). | 1 | 2003–2003 |
Griffin v. Wisconsin
green
2 sentences2003This Court ruled that the requirement that a parole officer obtain a warrant supported by probable cause prior to conducting a search is inapplicable in a parole context because "parole is a form of criminal punishment imposed after a guilty verdict and the states must have the necessary power over parolees in order to successfully administer a parole system as a controlled passage way between prison and freedom." Id. at 1035 (citing Griffin, 483 U.S. at 873-875 , 107 S.Ct. 3164 ). 2003This Court ruled that the requirement that a parole officer obtain a warrant supported by probable cause prior to conducting a search is inapplicable in a parole context because "parole is a form of criminal punishment imposed after a guilty verdict and the states must have the necessary power over parolees in order to successfully administer a parole system as a controlled passage way between prison and freedom." Id. at 1035 (citing Griffin, 483 U.S. at 873-875 , 107 S.Ct. 3164 ). | 1 | 2003–2003 |
Factory Market, Inc. v. Schuller International Inc.
green
1 sentence2002The court ruled that this claim was also barred because the claim of fraud “arises directly out of the contract dispute.” Id. | 1 | 2002–2002 |
Boyer v. Smith
green
2 sentences1990In fact, in Boyer v. Smith, 345 Pa.Super. 66 , 497 A.2d 646 (1985), a panel of this Court ruled that the doctrine of informed consent, i.e., disclosing to a patient all of the facts, risks and alternatives associated with a recommended treatment, did not apply to the administration of therapeutic drugs with known potentially dangerous side effects by a doctor to his/her patient. 1990In fact, in Boyer v. Smith, 345 Pa.Super. 66 , 497 A.2d 646 (1985), a panel of this Court ruled that the doctrine of informed consent, i.e., disclosing to a patient all of the facts, risks and alternatives associated with a recommended treatment, did not apply to the administration of therapeutic drugs with known potentially dangerous side effects by a doctor to his/her patient. | 1 | 1990–1990 |
Malinder v. Jenkins Elevator & MacHine Co.
green
2 sentences1988The Malinder court found the facts in Carrender to be "indistinguishable" and held that as in Carrender the doctrine of assumption of the risk must apply as a matter of law. 371 Pa.Superior Ct. at 424, 538 A.2d at 514 . 1988The Malinder court found the facts in Carrender to be “indistinguishable” and held that as in Carrender the doctrine of assumption of the risk must apply as a matter of law. 371 Pa.Superior Ct. at 424, 538 A.2d at 514 . | 1 | 1988–1988 |
Commonwealth v. Halteman
green
2 sentences1973Commonwealth v. Halteman, 192 Pa. Superior Ct. 379 , 162 A. 2d 251 (I960).” The court ruled at the hearing, and now reaffirms same, that the Commonwealth did properly put into evidence the records of convictions received by the Department of Revenue (now Department of Transportation) properly certified as required by law and pursuant to section 1224 of The Vehicle Code which proved the secretary had properly filed the record of convictions and resulting 11 points mandating the suspension. 1973Commonwealth v. Halteman, 192 Pa. Superior Ct. 379 , 162 A. 2d 251 (I960).” The court ruled at the hearing, and now reaffirms same, that the Commonwealth did properly put into evidence the records of convictions received by the Department of Revenue (now Department of Transportation) properly certified as required by law and pursuant to section 1224 of The Vehicle Code which proved the secretary had properly filed the record of convictions and resulting 11 points mandating the suspension. | 1 | 1973–1973 |
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.