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12 Pennsylvania opinions name it 2 courts 1988–2026 5 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. Groffgreen2 sentences2026Subsequent to Devlin, this Court held that “for purposes of a Devlin claim, the Commonwealth must be allowed a reasonable measure of flexibility when faced with the special difficulties involved in ascertaining the date of an assault upon a young child.” Commonwealth v. Groff, 548 A.2d 1237, 1241 (1988) (affirming conviction for one sexual assault on seven-year-old child at unspecified point over three-month period). 2026Subsequent to Devlin, this Court held that “for purposes of a Devlin claim, the Commonwealth must be allowed a reasonable measure of flexibility when faced with the special difficulties involved in ascertaining the date of an assault upon a young child.” Commonwealth v. Groff, 548 A.2d 1237, 1241 (1988) (affirming conviction for one sexual assault on seven-year-old child at unspecified point over three-month period). | 4 | 6 |
Commonwealth v. Fanellired2 sentences1988A Devlin claim is a form of motion in arrest of judgment, Commonwealth v. Fanelli, 377 Pa.Super. 555, 560 , 547 A.2d 1201, 1203 (1988) (en banc); if the claim is meritorious, the proper remedy is to vacate judgment of sentence and discharge the defendant. 1988A Devlin claim is a form of motion in arrest of judgment, Commonwealth v. Fanelli, 377 Pa.Super. 555, 560 , 547 A.2d 1201, 1203 (1988) (en banc); if the claim is meritorious, the proper remedy is to vacate judgment of sentence and discharge the defendant. | 4 | 4 |
Commonwealth v. Bennergreen2 sentences2026Further, the Commonwealth “must be afforded broad latitude when attempting to fix the date of offenses which involve a continuous course of criminal conduct.” Commonwealth v. Benner, 147 A.3d 915, 921 (Pa. Super. 2016). “[T]he due process concerns of Devlin are satisfied where the victim [ ] can at least fix the times when an ongoing course of [abuse] commenced and when it ceased.” Commonwealth v. G.D.M., Sr., 926 A.2d 984, 990 (Pa. Super. 2007); see also Benner, 147 A.3d at 921 . - 23 - Despite these and other post-Devlin cases8 that afford the Commonwealth a “reasonable degree of flexibility 2026Further, the Commonwealth “must be afforded broad latitude when attempting to fix the date of offenses which involve a continuous course of criminal conduct.” Commonwealth v. Benner, 147 A.3d 915, 921 (Pa. Super. 2016). “[T]he due process concerns of Devlin are satisfied where the victim [ ] can at least fix the times when an ongoing course of [abuse] commenced and when it ceased.” Commonwealth v. G.D.M., Sr., 926 A.2d 984, 990 (Pa. Super. 2007); see also Benner, 147 A.3d at 921 . - 23 - Despite these and other post-Devlin cases8 that afford the Commonwealth a “reasonable degree of flexibility | 1 | 1 |
Commonwealth v. G.D.M.green2 sentences2026Further, the Commonwealth “must be afforded broad latitude when attempting to fix the date of offenses which involve a continuous course of criminal conduct.” Commonwealth v. Benner, 147 A.3d 915, 921 (Pa. Super. 2016). “[T]he due process concerns of Devlin are satisfied where the victim [ ] can at least fix the times when an ongoing course of [abuse] commenced and when it ceased.” Commonwealth v. G.D.M., Sr., 926 A.2d 984, 990 (Pa. Super. 2007); see also Benner, 147 A.3d at 921 . - 23 - Despite these and other post-Devlin cases8 that afford the Commonwealth a “reasonable degree of flexibility 2026Further, the Commonwealth “must be afforded broad latitude when attempting to fix the date of offenses which involve a continuous course of criminal conduct.” Commonwealth v. Benner, 147 A.3d 915, 921 (Pa. Super. 2016). “[T]he due process concerns of Devlin are satisfied where the victim [ ] can at least fix the times when an ongoing course of [abuse] commenced and when it ceased.” Commonwealth v. G.D.M., Sr., 926 A.2d 984, 990 (Pa. Super. 2007); see also Benner, 147 A.3d at 921 . - 23 - Despite these and other post-Devlin cases8 that afford the Commonwealth a “reasonable degree of flexibility | 1 | 1 |
Commonwealth v. Izurietagreen1 sentence2026See Izurieta, 171 A.3d at 809-10 ; Diaz, 152 A.3d at 1047 . | 1 | 1 |
Commonwealth v. Brooksgreen2 sentences2016In the case at bar, Appellant’s Devlin claim immediately fails, as Appellant “has [not] asserted how the lack of specificity in the information or the victim’s testimony rendered him unable to prepare a defense to the charges brought against him.” See Commonwealth v. Brooks, 7 A.3d 852, 860 (Pa. Super. 2010) (holding that the defendant’s Devlin claim failed because the defendant failed to explain how he was prejudiced by the Commonwealth’s failure to fix the date of the crime with more specificity). 2016In the case at bar, Appellant’s Devlin claim immediately fails, as Appellant “has [not] asserted how the lack of specificity in the information or the victim’s testimony rendered him unable to prepare a defense to the charges brought against him.” See Commonwealth v. Brooks, 7 A.3d 852, 860 (Pa. Super. 2010) (holding that the defendant’s Devlin claim failed because the defendant failed to explain how he was prejudiced by the Commonwealth’s failure to fix the date of the crime with more specificity). | 1 | 1 |
Commonwealth v. Manchasgreen2 sentences2016A Devlin claim is a form of motion in arrest of judgment; if the claim is meritorious, the proper remedy is to vacate judgment of sentence and discharge the defendant”) (internal citations omitted); Commonwealth v. Manchas, 633 A.2d 618 (Pa. Super. 1993) (“[t]he proper procedure to challenge the sufficiency of the evidence is by a post-verdict motion in arrest of judgment”) (internal citations omitted). -6- J-S58030-15 to the Pennsylvania Supreme Court. 2016A Devlin claim is a form of motion in arrest of judgment; if the claim is meritorious, the proper remedy is to vacate judgment of sentence and discharge the defendant”) (internal citations omitted); Commonwealth v. Manchas, 633 A.2d 618 (Pa. Super. 1993) (“[t]he proper procedure to challenge the sufficiency of the evidence is by a post-verdict motion in arrest of judgment”) (internal citations omitted). -6- J-S58030-15 to the Pennsylvania Supreme Court. | 1 | 1 |
Commonwealth v. Robinsongreen1 sentence2016Commonwealth v. Robinson, 462 A.2d 840, 841-842 (Pa. Super. 1983); see also Commonwealth v. Groff, 548 A.2d 1237, 1241 (Pa. Super. 1988) (“[the a]ppellant faults his trial counsel for failing to preserve the issue of whether the Commonwealth denied him due process of law. | 1 | 1 |
Commonwealth v. Thekgreen2 sentences1988See Commonwealth v. Thek, 376 Pa.Super. 390, 402-403 , 546 A.2d 83, 90 (1988). 1988See Commonwealth v. Thek, 376 Pa.Super. 390, 402-403 , 546 A.2d 83, 90 (1988). | 1 | 1 |
Commonwealth v. Pearsallgreen2 sentences1988See Commonwealth v. Pearsall, 368 Pa.Super. 327 , 534 A.2d 106 (1987). 1988See Commonwealth v. Pearsall, 368 Pa.Super. 327 , 534 A.2d 106 (1987). | 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. Niemetz
green
2 sentences2021See Commonwealth v. Fanelli, [ 547 A.2d 1201, 1203 (Pa.Super. - 16 - 1988) (en banc)]; Commonwealth v. Niemetz, [ ] 422 A.2d 1369 ([Pa.Super.] 1980). 2021See Commonwealth v. Fanelli, [ 547 A.2d 1201, 1203 (Pa.Super. - 16 - 1988) (en banc)]; Commonwealth v. Niemetz, [ ] 422 A.2d 1369 ([Pa.Super.] 1980). | 3 | 1988–2021 |
Commonwealth v. Devlin
green
2 sentences2016Finally, the Devlin Court held, “notification of an alibi defense was a futile gesture in this case because the date laid in the indictment was obviously an arbitrary one . . . [and] it would have been an impossible burden for [Mr. Devlin] to offer an alibi defense for a [14]-month period.” Id. at 892 . 2016Second, Mr. Devlin’s defense was prejudiced because the expansive time frame prevented Mr. Devlin from “attempt[ing] to prove that the victim did not visit his house on the date in question.” Id. | 2 | 1988–2016 |
Commonwealth v. Diaz
green
1 sentence2026See Izurieta, 171 A.3d at 809-10 ; Diaz, 152 A.3d at 1047 . | 1 | 2026–2026 |
Com. v. Renninger, C.
green
2 sentences2026Id., 269 A.3d at 558 . 2026Id., 269 A.3d at 558 . | 1 | 2026–2026 |
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.