Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
12 Pennsylvania opinions name it 4 courts 1989–2025 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Greergreen2 sentences2017Greer, supra. See also Porter, supra (recognizing the Spencer instruction serves “as a “guideline for courts to follow when a jury is deadlocked.”). 2017Greer, supra. See also Porter, supra (recognizing the Spencer instruction serves “as a “guideline for courts to follow when a jury is deadlocked.”). | 2 | 3 |
Berry v. COURT OF COMMON PLEAS OF PHILADELPHIAgreen1 sentence2023Furthermore, Spencer’s rule statement as to when counsel will be found to be ineffective for failing to call a witness is apt: “[w]here a claim is made of counsel’s ineffectiveness for failing to call witnesses, it is the appellant’s burden to show that the witness existed and was available; counsel was aware of, or had a duty to know of the witness; the witness was willing and able to appear; and the proposed testimony was necessary in order to avoid prejudice to the appellant.” Commonwealth v. Chmiel, 30 A.3d 1111, 1143 (Pa. 2011) (citation omitted). | 1 | 1 |
Battisti v. Tax Claim Bureau of Beaver Countygreen1 sentence2023See id. 6 Here, Spencer’s claim arises under Section 627 of the RETSL governing sales from repository, not objections to an upset sale under Section 607. | 1 | 1 |
In re Interest of N.B.green1 sentence2018See In Interest of N.B., 187 A.3d 941, 945 (Pa. Super. 2018) (en banc) (“It is well settled that this Court may affirm “on any valid basis appearing of record.”) (quotation omitted). | 1 | 1 |
Commonwealth v. Owensgreen1 sentence2015See, Owens, supra. While that evidence may not be admissible under the res gestae exception, it is relevant and admissible under the “opportunity” exception in Rule 404(b)(2) to establish that Pal had the means to provide Dominick with the gun and bullet that he used to kill Bonacci. | 1 | 1 |
Day v. Volkswagenwerk Aktiengesellschaftgreen2 sentences1989The doctrine of collateral estoppel or issue preclusion “operates to prevent a question of law or an issue of fact which has once been litigated and adjudicated finally in a court of competent jurisdiction from being relitigated in a subsequent suit.” Muhammad v. Strassburger, 374 Pa.Super. 613, 618 , 543 A.2d 1138, 1140 (1988) (quoting Day v. Volkswagenwerk Aktiengesellschaft, 318 Pa.Super. 225, 236 , 464 A.2d 1313, 1318 (1983) (citations omitted)), alloc. granted, 520 Pa. 618 , 554 A.2d 510 (1989). 1989The doctrine of collateral estoppel or issue preclusion “operates to prevent a question of law or an issue of fact which has once been litigated and adjudicated finally in a court of competent jurisdiction from being relitigated in a subsequent suit.” Muhammad v. Strassburger, 374 Pa.Super. 613, 618 , 543 A.2d 1138, 1140 (1988) (quoting Day v. Volkswagenwerk Aktiengesellschaft, 318 Pa.Super. 225, 236 , 464 A.2d 1313, 1318 (1983) (citations omitted)), alloc. granted, 520 Pa. 618 , 554 A.2d 510 (1989). | 1 | 1 |
Muhammad v. Strassburger, McKenna, Messer, Shilobod & Gutnickgreen2 sentences1989The doctrine of collateral estoppel or issue preclusion “operates to prevent a question of law or an issue of fact which has once been litigated and adjudicated finally in a court of competent jurisdiction from being relitigated in a subsequent suit.” Muhammad v. Strassburger, 374 Pa.Super. 613, 618 , 543 A.2d 1138, 1140 (1988) (quoting Day v. Volkswagenwerk Aktiengesellschaft, 318 Pa.Super. 225, 236 , 464 A.2d 1313, 1318 (1983) (citations omitted)), alloc. granted, 520 Pa. 618 , 554 A.2d 510 (1989). 1989The doctrine of collateral estoppel or issue preclusion “operates to prevent a question of law or an issue of fact which has once been litigated and adjudicated finally in a court of competent jurisdiction from being relitigated in a subsequent suit.” Muhammad v. Strassburger, 374 Pa.Super. 613, 618 , 543 A.2d 1138, 1140 (1988) (quoting Day v. Volkswagenwerk Aktiengesellschaft, 318 Pa.Super. 225, 236 , 464 A.2d 1313, 1318 (1983) (citations omitted)), alloc. granted, 520 Pa. 618 , 554 A.2d 510 (1989). | 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. Montgomery
green
2 sentences2006In actuality, we stated that giving a Spencer instruction "is especially appropriate in cases such as this when the jury had been deliberating for such a short period of time prior to informing the court that it was at an impasse." Montgomery, 687 A.2d at 1136 . ¶ 16 The trial court in Montgomery told the jury that, absent a verdict, the Commonwealth may have to expend money for a future trial, resulting in stress and delay. 2006In actuality, we stated that giving a Spencer instruction "is especially appropriate in cases such as this when the jury had been deliberating for such a short period of time prior to informing the court that it was at an impasse." Montgomery, 687 A.2d at 1136 . ¶ 16 The trial court in Montgomery told the jury that, absent a verdict, the Commonwealth may have to expend money for a future trial, resulting in stress and delay. | 2 | 2006–2006 |
Commonwealth v. Bazabe
green
2 sentences2006We held that this type of information is not unduly coercive, and referenced Commonwealth v. Bazabe, 404 Pa.Super. 408 , 590 A.2d 1298 (1991), where the instruction included the admonition that a second trial would be an expense on the taxpayers of the county and that the court wanted to avoid one. 2006We held that this type of information is not unduly coercive, and referenced Commonwealth v. Bazabe, 404 Pa.Super. 408 , 590 A.2d 1298 (1991), where the instruction included the admonition that a second trial would be an expense on the taxpayers of the county and that the court wanted to avoid one. | 2 | 2006–2006 |
Saad v. Sacred Heart Hospital
green
1 sentence2021Saad v. Sacred Heart Hosp., 700 A.2d 604 (Pa. Cmwlth. 1997). | 1 | 2021–2021 |
Commonwealth v. Spencer
green
2 sentences2018J-S80041-17 6[,] and for not requesting the trial court to issue a Spencer[2] instruction[?]”3 Brief for Appellant at 3 (capitalization omitted, footnote ____________________________________________ 2 Commonwealth v. Spencer, 275 A.2d 299 (Pa. 1971). 3 A Spencer instruction is a non-coercive charge given to a deadlocked jury which informs the jury of the following: (i) that in order to return a verdict, each juror must agree thereto; (ii) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual 2018J-S80041-17 6[,] and for not requesting the trial court to issue a Spencer[2] instruction[?]”3 Brief for Appellant at 3 (capitalization omitted, footnote ____________________________________________ 2 Commonwealth v. Spencer, 275 A.2d 299 (Pa. 1971). 3 A Spencer instruction is a non-coercive charge given to a deadlocked jury which informs the jury of the following: (i) that in order to return a verdict, each juror must agree thereto; (ii) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual | 1 | 2018–2018 |
Commonwealth v. Porter
green
2 sentences2017Greer, supra. See also Porter, supra (recognizing the Spencer instruction serves “as a “guideline for courts to follow when a jury is deadlocked.”). 2017Greer, supra. See also Porter, supra (recognizing the Spencer instruction serves “as a “guideline for courts to follow when a jury is deadlocked.”). | 1 | 2017–2017 |
Hull v. Tolentino
green
2 sentences1991President Judge Craig denied Spencer’s motion to quash the appeal "because an order is appealable if it forecloses assertion of an affirmative defense involving issues of fact as well as issues of law, Mineo v. Tancini, 517 Pa. 335 , 536 A.2d 1323 (1988), Hull v. Tolentino, 517 Pa. 328 , 536 A.2d 797 (1988), and defenses under the Recreation Use of Land and Water Act can involve factual issues as well as legal ones." (Order, March 16, 1990). 1991President Judge Craig denied Spencer’s motion to quash the appeal "because an order is appealable if it forecloses assertion of an affirmative defense involving issues of fact as well as issues of law, Mineo v. Tancini, 517 Pa. 335 , 536 A.2d 1323 (1988), Hull v. Tolentino, 517 Pa. 328 , 536 A.2d 797 (1988), and defenses under the Recreation Use of Land and Water Act can involve factual issues as well as legal ones." (Order, March 16, 1990). | 1 | 1991–1991 |
Mineo v. Tancini
green
2 sentences1991President Judge Craig denied Spencer’s motion to quash the appeal "because an order is appealable if it forecloses assertion of an affirmative defense involving issues of fact as well as issues of law, Mineo v. Tancini, 517 Pa. 335 , 536 A.2d 1323 (1988), Hull v. Tolentino, 517 Pa. 328 , 536 A.2d 797 (1988), and defenses under the Recreation Use of Land and Water Act can involve factual issues as well as legal ones." (Order, March 16, 1990). 1991President Judge Craig denied Spencer’s motion to quash the appeal "because an order is appealable if it forecloses assertion of an affirmative defense involving issues of fact as well as issues of law, Mineo v. Tancini, 517 Pa. 335 , 536 A.2d 1323 (1988), Hull v. Tolentino, 517 Pa. 328 , 536 A.2d 797 (1988), and defenses under the Recreation Use of Land and Water Act can involve factual issues as well as legal ones." (Order, March 16, 1990). | 1 | 1991–1991 |
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.