repeated principle in Pennsylvania

11 Pennsylvania opinions name it 3 courts 1938–2020 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 (8)

Case	Followed	Cited
Commonwealth v. Trillgreen pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020 1 sentence 2020See Trill, 543 A.2d at 1114 (“It would be fatuous to require a trial judge to perform…a lengthy charge flawlessly on each attempt.”).	1	1
Commonwealth v. Hairstongreen pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015 1 sentence 2015N.T., 10/7/2013, at 167-68. “[T]o be admissible . . ., evidence of a distinct crime, even if relevant to motive, must give sufficient ground to believe that the crime currently being considered grew out of or was in any way caused by the prior set of facts and circumstances.” Commonwealth v. Hairston, 84 A.3d 657, 670 (Pa. 2014) (internal quotation marks omitted).	1	1
Commonwealth v. O'Hannongreen pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002 2 sentences 2002“The law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 567 Pa. 272 , 786 A.2d 961, 971 (2001); Commonwealth v. O’Hannon, 557 Pa. 256 , 732 A.2d 1193, 1196 (1999) (“[ajbsent evidence to the contrary, the jury is presumed to have followed the trial court’s instructions”). 2002“The law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 567 Pa. 272 , 786 A.2d 961, 971 (2001); Commonwealth v. O’Hannon, 557 Pa. 256 , 732 A.2d 1193, 1196 (1999) (“[ajbsent evidence to the contrary, the jury is presumed to have followed the trial court’s instructions”).	1	1
Commonwealth v. Browngreen pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002 2 sentences 2002“The law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 567 Pa. 272 , 786 A.2d 961, 971 (2001); Commonwealth v. O’Hannon, 557 Pa. 256 , 732 A.2d 1193, 1196 (1999) (“[ajbsent evidence to the contrary, the jury is presumed to have followed the trial court’s instructions”). 2002“The law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 567 Pa. 272 , 786 A.2d 961, 971 (2001); Commonwealth v. O’Hannon, 557 Pa. 256 , 732 A.2d 1193, 1196 (1999) (“[ajbsent evidence to the contrary, the jury is presumed to have followed the trial court’s instructions”).	1	1
Logue v. Guaracinogreen pa · 1964 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999 2 sentences 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant's particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 254 331, 337-38, 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defens 1999*Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch	1	1
Commonwealth v. Smithgreen pa · 1994 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999 2 sentences 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch	1	1
Commonwealth v. Jenkinsgreen pa · 1964 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999 2 sentences 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant's particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 254 331, 337-38, 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defens 1999*Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch	1	1
Commonwealth v. Zimmermangreen pasuperct · 1940 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999 2 sentences 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
West Chester Area School District v. Collegium Charter School green pacommwct · 2000 2 sentences 2002The Declaratory Judgments Act, 42 Pa. C.S. §§ 7531 — 7541, provides an independent basis for Petitioners’ action, and nothing in the Charter School Law or in this Court’s decision in West Chester Area School District v. Collegium Charter School, 760 A.2d 452 (Pa.Cmwlth.2000), forecloses Petitioners’ right to seek redress in this Court. 6 In Bloomingdale’s By Mail, Ltd. v. Department of Revenue, 130 Pa.Cmwlth. 190 , 567 A.2d 773 (1989), aff'd per curiam, 527 Pa. 347 , 591 A.2d 1047 (1991), the Court repeated the principle that' “[t]he issuance of a declaratory judgment is a matter of judicial d 2002The Declaratory Judgments Act, 42 Pa. C.S. §§ 75317541, provides an independent basis for Petitioners' action, and nothing in the Charter School Law or in this Court's decision in West Chester Area School District v. Collegium Charter School, 760 A.2d 452 (Pa.Cmwlth.2000), *16 forecloses Petitioners' right to seek redress in this Court. [6] In Bloomingdale's By Mail, Ltd. v. Department of Revenue, 130 Pa.Cmwlth. 190 , 567 A.2d 773 (1989), aff'd per curiam, 527 Pa. 347 , 591 A.2d 1047 (1991), the Court repeated the principle that "[t]he issuance of a declaratory judgment is a matter of judicia	2	2002–2002
Bloomingdale's by Mail, Ltd. v. Commonwealth green pacommwct · 1989 2 sentences 2002The Declaratory Judgments Act, 42 Pa. C.S. §§ 7531 — 7541, provides an independent basis for Petitioners’ action, and nothing in the Charter School Law or in this Court’s decision in West Chester Area School District v. Collegium Charter School, 760 A.2d 452 (Pa.Cmwlth.2000), forecloses Petitioners’ right to seek redress in this Court. 6 In Bloomingdale’s By Mail, Ltd. v. Department of Revenue, 130 Pa.Cmwlth. 190 , 567 A.2d 773 (1989), aff'd per curiam, 527 Pa. 347 , 591 A.2d 1047 (1991), the Court repeated the principle that' “[t]he issuance of a declaratory judgment is a matter of judicial d 2002The Declaratory Judgments Act, 42 Pa. C.S. §§ 7531 — 7541, provides an independent basis for Petitioners’ action, and nothing in the Charter School Law or in this Court’s decision in West Chester Area School District v. Collegium Charter School, 760 A.2d 452 (Pa.Cmwlth.2000), forecloses Petitioners’ right to seek redress in this Court. 6 In Bloomingdale’s By Mail, Ltd. v. Department of Revenue, 130 Pa.Cmwlth. 190 , 567 A.2d 773 (1989), aff'd per curiam, 527 Pa. 347 , 591 A.2d 1047 (1991), the Court repeated the principle that' “[t]he issuance of a declaratory judgment is a matter of judicial d	2	2002–2002
Bloomingdale's by Mail Ltd. v. Commonwealth green pa · 1991 2 sentences 2002The Declaratory Judgments Act, 42 Pa. C.S. §§ 7531 — 7541, provides an independent basis for Petitioners’ action, and nothing in the Charter School Law or in this Court’s decision in West Chester Area School District v. Collegium Charter School, 760 A.2d 452 (Pa.Cmwlth.2000), forecloses Petitioners’ right to seek redress in this Court. 6 In Bloomingdale’s By Mail, Ltd. v. Department of Revenue, 130 Pa.Cmwlth. 190 , 567 A.2d 773 (1989), aff'd per curiam, 527 Pa. 347 , 591 A.2d 1047 (1991), the Court repeated the principle that' “[t]he issuance of a declaratory judgment is a matter of judicial d 2002The Declaratory Judgments Act, 42 Pa. C.S. §§ 7531 — 7541, provides an independent basis for Petitioners’ action, and nothing in the Charter School Law or in this Court’s decision in West Chester Area School District v. Collegium Charter School, 760 A.2d 452 (Pa.Cmwlth.2000), forecloses Petitioners’ right to seek redress in this Court. 6 In Bloomingdale’s By Mail, Ltd. v. Department of Revenue, 130 Pa.Cmwlth. 190 , 567 A.2d 773 (1989), aff'd per curiam, 527 Pa. 347 , 591 A.2d 1047 (1991), the Court repeated the principle that' “[t]he issuance of a declaratory judgment is a matter of judicial d	2	2002–2002
Commonwealth v. Peterkin green pa · 1986 2 sentences 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch	1	1999–1999
Commonwealth v. Becker green pa · 1937 2 sentences 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch 1999Smith, 539 Pa. 128, 135 , 650 A.2d 863, 866 (1994) (quoting Commonwealth v. Peterkin, 511 Pa. 299 , 513 A.2d 373 (1986)); see also Commonwealth v. Jenkins, 413 Pa. 606, 607 , 198 A.2d 497, 498 (1964) (although cross-examination aimed at establishing a defendant’s particular acts of misconduct is improper, character witnesses may be asked whether they have heard persons in the neighborhood attribute particular offenses to defendant); Commonwealth v. Zimmerman, 143 Pa.Super. 331, 337-38 , 17 A.2d 714, 718 (1941) (citing Commonwealth v. Becker, 326 Pa. 105 , 191 A. 351 (1937) (although defense ch	1	1999–1999
Commonwealth v. Hughes green pa · 1976 2 sentences 1985Id., 468 Pa. at 513-154 , 364 A.2d at 311-312 . 1985Id., 468 Pa. at 513-154 , 364 A.2d at 311-312 .	1	1985–1985
Commonwealth v. Davis green pa · 1978 2 sentences 1984This case is controlled by Commonwealth v. Davis, 479 Pa. 274 , 388 A.2d 324 (1978). 1984This case is controlled by Commonwealth v. Davis, 479 Pa. 274 , 388 A.2d 324 (1978).	1	1984–1984
Risbon v. Cottom green pa · 1956 2 sentences 1978Nevertheless, we upheld its introduction and noted: “Not only did counsel for appellant make no response to the trial judge’s repeated inquiry but, in subsequently excepting to the charge, he failed to call to the court’s attention that it had not explained to the jury the scope and purpose of the State policeman’s testimony in rebuttal embracing [the plaintiff’s] prior consonant statement.” Risbon v. Cottom, supra, 387 Pa. at 164 , 127 A.2d at 105 . 1978Nevertheless, we upheld its introduction and noted: “Not only did counsel for appellant make no response to the trial judge’s repeated inquiry but, in subsequently excepting to the charge, he failed to call to the court’s attention that it had not explained to the jury the scope and purpose of the State policeman’s testimony in rebuttal embracing [the plaintiff’s] prior consonant statement.” Risbon v. Cottom, supra, 387 Pa. at 164 , 127 A.2d at 105 .	1	1978–1978
Commonwealth ex rel. Perry v. Day neutral pasuperct · 1956 2 sentences 1975Perry v. Day, 181 Pa. Superior Ct. 73 , 121 A.2d 904 , allocatur refused, 181 Pa. Superior Ct. xxiv (1956), a case decided under the Penal Code, this Court repeated the rule that the crime of conspiracy does not merge with the completed offense but remains a separate and distinct crime. 1975Perry v. Day, 181 Pa. Superior Ct. 73 , 121 A.2d 904 , allocatur refused, 181 Pa. Superior Ct. xxiv (1956), a case decided under the Penal Code, this Court repeated the rule that the crime of conspiracy does not merge with the completed offense but remains a separate and distinct crime.	1	1975–1975
M'Bride v. M'Laughlin neutral pa · 1836 1 sentence 1938It is not necessary, as appellant’s counsel vigorously argues in this case, that the malice or oppression be directed against the plaintiffs personally; it is sufficient if the circumstances are such that an inference of malice arises: McBride v. McLaughlin, 5 Watts 375 .	1	1938–1938

Where else courts name it

NY 40 (1886–2024) NJ 32 (1992–2026) CA 25 (1944–2026) TX 16 (1943–2015) FL 12 (1976–2024) TN 12 (1994–2018) OH 12 (1998–2026) MS 11 (1970–2026) WA 11 (1979–2025) OR 11 (1974–2026) PA 11 (1938–2020) MI 10 (1941–2018) IL 10 (1963–2023) CT 9 (1982–2020) MD 9 (1996–2020) GA 6 (1983–2025) MO 5 (2006–2024) IN 5 (1972–1993) NC 5 (1972–2016) LA 5 (1948–2011) DC 4 (1976–1997) MA 4 (1985–2025) AL 4 (1985–2016) MN 3 (2000–2015) UT 3 (1988–2011) ND 3 (1915–1983) NE 2 (1964–1992) KS 2 (2011–2017) SC 2 (1925–2021) VA 2 (1973–2007) HI 2 (1998–2007) ME 2 (2018–2018) WI 2 (1993–2024) ID 2 (1941–1997) WY 2 (1936–2017)

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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