accurate instruction (Pennsylvania) · Go Syfert
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accurate instruction in Pennsylvania

11 Pennsylvania opinions name it 4 courts 1955–2020 0 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 (7)

CaseFollowedCited
Alexander v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen
pacommwct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Distinguishing Peppelman , we held that the officer's statement about the length of the suspension he was facing was an "extraneous statement" that did not invalidate the accurate warning he received "that his failure to submit to a test would result in a suspension of his license." Id. at 663 ; see also Dep't of Transp., Bureau of Driver Licensing v. Olenick , 115 Pa.Cmwlth. 559 , 540 A.2d 993 , 994-95 (1988) (where the officer misstated that licensee's operating privilege would be suspended only for six months instead of one year, this error was "harmless" and did "not negate the validity of

11
Commonwealth v. Olenickgreen
pacommwct · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
2 sentences

2018Distinguishing Peppelman , we held that the officer's statement about the length of the suspension he was facing was an "extraneous statement" that did not invalidate the accurate warning he received "that his failure to submit to a test would result in a suspension of his license." Id. at 663 ; see also Dep't of Transp., Bureau of Driver Licensing v. Olenick , 115 Pa.Cmwlth. 559 , 540 A.2d 993 , 994-95 (1988) (where the officer misstated that licensee's operating privilege would be suspended only for six months instead of one year, this error was "harmless" and did "not negate the validity of

2018Distinguishing Peppelman , we held that the officer's statement about the length of the suspension he was facing was an "extraneous statement" that did not invalidate the accurate warning he received "that his failure to submit to a test would result in a suspension of his license." Id. at 663 ; see also Dep't of Transp., Bureau of Driver Licensing v. Olenick , 115 Pa.Cmwlth. 559 , 540 A.2d 993 , 994-95 (1988) (where the officer misstated that licensee's operating privilege would be suspended only for six months instead of one year, this error was "harmless" and did "not negate the validity of

11
Commonwealth v. Smallgreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011In Commonwealth v. Bracey, 541 Pa. 322 , 662 A.2d 1062 , 1075 n. 15 (1995), we cited Rolan, supra , for the proposition that "[t]rial counsel was [] not ineffective in failing to object to the accurate instruction of the trial court that the crime of burglary is a crime of violence as a matter of law." More recently, in Commonwealth v. Small, 602 Pa. 425 , 980 A.2d 549, 576-77 (2009), we reiterated that burglary is a crime of violence, in which the element of non-privileged entry invites dangerous resistance.

2011In Commonwealth v. Bracey, 541 Pa. 322 , 662 A.2d 1062 , 1075 n. 15 (1995), we cited Rolan, supra , for the proposition that "[t]rial counsel was [] not ineffective in failing to object to the accurate instruction of the trial court that the crime of burglary is a crime of violence as a matter of law." More recently, in Commonwealth v. Small, 602 Pa. 425 , 980 A.2d 549, 576-77 (2009), we reiterated that burglary is a crime of violence, in which the element of non-privileged entry invites dangerous resistance.

11
Simmons v. South Carolinagreen
scotus · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007See, e.g., Gregg v. Georgia, 428 U.S. 153, 190 , 96 S.Ct. 2909, 2933 , 49 L.Ed.2d 859 (1976) (joint opinion of Stewart, Powell, and Stevens, JJ.) (explaining that the Eighth Amendment requires the provision of "accurate sentencing information [as] an indispensable prerequisite to a reasoned determination of whether a defendant shall live or die"); see also Simmons, 512 U.S. at 161 , 114 S.Ct. at 2192-93 (observing that "the jury reasonably may have believed that petitioner could be released on parole if he were not executed.

2007See, e.g., Gregg v. Georgia, 428 U.S. 153, 190 , 96 S.Ct. 2909, 2933 , 49 L.Ed.2d 859 (1976) (joint opinion of Stewart, Powell, and Stevens, JJ.) (explaining that the Eighth Amendment requires the provision of "accurate sentencing information [as] an indispensable prerequisite to a reasoned determination of whether a defendant shall live or die"); see also Simmons, 512 U.S. at 161 , 114 S.Ct. at 2192-93 (observing that "the jury reasonably may have believed that petitioner could be released on parole if he were not executed.

11
Gregg v. Georgiagreen
scotus · 1976 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007See, e.g., Gregg v. Georgia, 428 U.S. 153, 190 , 96 S.Ct. 2909, 2933 , 49 L.Ed.2d 859 (1976) (joint opinion of Stewart, Powell, and Stevens, JJ.) (explaining that the Eighth Amendment requires the provision of "accurate sentencing information [as] an indispensable prerequisite to a reasoned determination of whether a defendant shall live or die"); see also Simmons, 512 U.S. at 161 , 114 S.Ct. at 2192-93 (observing that "the jury reasonably may have believed that petitioner could be released on parole if he were not executed.

2007See, e.g., Gregg v. Georgia, 428 U.S. 153, 190 , 96 S.Ct. 2909, 2933 , 49 L.Ed.2d 859 (1976) (joint opinion of Stewart, Powell, and Stevens, JJ.) (explaining that the Eighth Amendment requires the provision of "accurate sentencing information [as] an indispensable prerequisite to a reasoned determination of whether a defendant shall live or die"); see also Simmons, 512 U.S. at 161 , 114 S.Ct. at 2192-93 (observing that "the jury reasonably may have believed that petitioner could be released on parole if he were not executed.

11
Binder v. Commonwealth of Pa.green
pacommwct · 1986 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
2 sentences

1988Moreover, a licensee is entitled to an accurate warning, Binder v. Commonwealth, 99 Pa. Commw. 548, 551 , 513 A.2d 1105, 1107 (1986), which necessarily should include a statement to that effect.

1988Moreover, a licensee is entitled to an accurate warning, Binder v. Commonwealth, 99 Pa. Commw. 548, 551 , 513 A.2d 1105, 1107 (1986), which necessarily should include a statement to that effect.

11
Philadelphia Newspapers, Inc. v. Commonwealth, Unemployment Compensation Board of Reviewgreen
pacommwct · 1981 · cited in 1 Pennsylvania opinions naming this issue, 1982–1982
2 sentences

1982See Philadelphia Newspapers, Inc. v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 639, 641-42 , 426 A.2d 1289, 1290 (1981), wherein we said: the only respect in which she could be considered unemployed is if she has been working “less than [her] full-time work” week.

1982See Philadelphia Newspapers, Inc. v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 639, 641-42 , 426 A.2d 1289, 1290 (1981), wherein we said: the only respect in which she could be considered unemployed is if she has been working “less than [her] full-time work” week.

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
Cry, Inc. v. Mill Service, Inc. green
pa · 1994
1 sentence

2020To conduct an accurate analysis, this Court must “refer to the nature of the claim and the relief sought.” Id. at 376 .

12020–2020
Garlick v. Commonwealth, Department of Transportation, Bureau of Driver Licensing green
pacommwct · 2018
1 sentence

2019Licensee essentially forwards the argument that this Court recently reviewed and rejected in Garlick v. Department of Transportation, Bureau of Driver Licensing, 176 A.3d 1030 (Pa. Cmwlth. 2018).

12019–2019
Commonwealth v. March green
pacommwct · 1986
1 sentence

2018Distinguishing Peppelman , we held that the officer's statement about the length of the suspension he was facing was an "extraneous statement" that did not invalidate the accurate warning he received "that his failure to submit to a test would result in a suspension of his license." Id. at 663 ; see also Dep't of Transp., Bureau of Driver Licensing v. Olenick , 115 Pa.Cmwlth. 559 , 540 A.2d 993 , 994-95 (1988) (where the officer misstated that licensee's operating privilege would be suspended only for six months instead of one year, this error was "harmless" and did "not negate the validity of

12018–2018
Hubert v. Greenwald green
pasuperct · 1999
1 sentence

2013For an accurate analysis, the court must “refer to the nature of the claim and the relief sought.” Id.

12013–2013
Commonwealth v. Bracey green
pa · 1995
2 sentences

2011In Commonwealth v. Bracey, 541 Pa. 322 , 662 A.2d 1062 , 1075 n. 15 (1995), we cited Rolan, supra , for the proposition that "[t]rial counsel was [] not ineffective in failing to object to the accurate instruction of the trial court that the crime of burglary is a crime of violence as a matter of law." More recently, in Commonwealth v. Small, 602 Pa. 425 , 980 A.2d 549, 576-77 (2009), we reiterated that burglary is a crime of violence, in which the element of non-privileged entry invites dangerous resistance.

2011In Commonwealth v. Bracey, 541 Pa. 322 , 662 A.2d 1062 , 1075 n. 15 (1995), we cited Rolan, supra , for the proposition that "[t]rial counsel was [] not ineffective in failing to object to the accurate instruction of the trial court that the crime of burglary is a crime of violence as a matter of law." More recently, in Commonwealth v. Small, 602 Pa. 425 , 980 A.2d 549, 576-77 (2009), we reiterated that burglary is a crime of violence, in which the element of non-privileged entry invites dangerous resistance.

12011–2011
Commonwealth v. Young green
pa · 1990
2 sentences

1996Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988); Commonwealth v. Young, 524 Pa. 373, 572 A.2d 1217 (1990), cert. denied, — U.S. —, 114 S.Ct. 1389 , 128 L.Ed.2d 63 (1994).

1996Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988); Commonwealth v. Young, 524 Pa. 373, 572 A.2d 1217 (1990), cert. denied, — U.S. —, 114 S.Ct. 1389 , 128 L.Ed.2d 63 (1994).

11996–1996
Mills v. Maryland green
scotus · 1988
2 sentences

1996Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988); Commonwealth v. Young, 524 Pa. 373, 572 A.2d 1217 (1990), cert. denied, — U.S. —, 114 S.Ct. 1389 , 128 L.Ed.2d 63 (1994).

1996Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988); Commonwealth v. Young, 524 Pa. 373, 572 A.2d 1217 (1990), cert. denied, — U.S. —, 114 S.Ct. 1389 , 128 L.Ed.2d 63 (1994).

11996–1996
In re Madsen green
scotus · 1994
2 sentences

1996Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988); Commonwealth v. Young, 524 Pa. 373, 572 A.2d 1217 (1990), cert. denied, — U.S. —, 114 S.Ct. 1389 , 128 L.Ed.2d 63 (1994).

1996Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988); Commonwealth v. Young, 524 Pa. 373 , 572 A.2d 1217 (1990), cert. denied, ___ U.S. ___, 114 S.Ct. 1389 , 128 L.Ed.2d 63 (1994).

11996–1996
Commonwealth v. Rolan green
pa · 1988
2 sentences

1995Commonwealth v. Baker, 531 Pa. 541 , 614 A.2d 663 (1992); Commonwealth v. Rolan, 520 Pa. 1 , 549 A.2d 553 (1988).

1995Commonwealth v. Baker, 531 Pa. 541 , 614 A.2d 663 (1992); Commonwealth v. Rolan, 520 Pa. 1 , 549 A.2d 553 (1988).

11995–1995
Commonwealth v. Baker green
pa · 1992
2 sentences

1995Commonwealth v. Baker, 531 Pa. 541 , 614 A.2d 663 (1992); Commonwealth v. Rolan, 520 Pa. 1 , 549 A.2d 553 (1988).

1995Commonwealth v. Baker, 531 Pa. 541 , 614 A.2d 663 (1992); Commonwealth v. Rolan, 520 Pa. 1 , 549 A.2d 553 (1988).

11995–1995
Betterman v. American Stores Co. green
pa · 1951
1 sentence

1955Though a plaintiff who has suffered damage should not be deprived of all relief because he cannot establish the amount with the preciseness of mathematical certainty (Betterman v. American Stores Company, 367 Pa. 193, 207 ; Friedman v. Parkway Baking Company, 147 Pa. Superior Ct. 552 ), here an accurate standard was within plaintiff’s ability to supply.

11955–1955
Friedman v. Parkway Baking Co. neutral
pasuperct · 1941
1 sentence

1955Though a plaintiff who has suffered damage should not be deprived of all relief because he cannot establish the amount with the preciseness of mathematical certainty (Betterman v. American Stores Company, 367 Pa. 193, 207 ; Friedman v. Parkway Baking Company, 147 Pa. Superior Ct. 552 ), here an accurate standard was within plaintiff’s ability to supply.

11955–1955

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9711 (4) PA § 75 Pa. Cons. Stat. § 1547 (3)

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.

Where else courts name it

IL 51 (1875–2025) FL 45 (1981–2020) UT 24 (1969–2024) MN 19 (1900–2024) NY 15 (1914–2014) MI 14 (1976–2024) CA 11 (1969–2026) WA 11 (1926–2021) PA 11 (1955–2020) CO 9 (1929–2001) OH 8 (1934–2021) NV 8 (1970–2019) TX 7 (1937–2015) CT 6 (1935–2023) TN 6 (2000–2025) KS 6 (1920–1991) KY 5 (1928–2020) IA 5 (1945–1999) AL 5 (1884–2001) MS 5 (1986–2003) WI 5 (1887–2007) GA 4 (1946–1980) MA 4 (1979–2018) WV 4 (1996–2020) NJ 4 (2011–2024) HI 3 (1999–2002) IN 3 (1987–2025) MO 3 (1956–2018) VT 3 (2010–2013) MD 3 (1981–1997) VA 2 (1985–2013) OR 2 (1917–1998) RI 2 (2001–2021) NM 2 (1998–2012) WY 2 (1978–1994)

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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