11 Pennsylvania opinions name it 3 courts 1971–2024 8 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 |
|---|---|---|
Desist v. United Statesgreen2 sentences1972Despite the fact that, "[f]oremost among these factors is the purpose to be served by the new constitutional rule [footnote omitted]," Desist v. United States, 394 U.S. 244, 249 (1969), it is my position that the majority opinion under-estimates the weight of the second and third factors in the equation. 1972Despite the fact that, “[fjoremost among these factors is the purpose to be served by the new constitutional rule [footnote omitted],” Desist v. United States, 394 U.S. 244, 249 (1969), it is my position that the majority opinion under-estimates the weight of the second and third factors in the equation. | 1 | 2 |
In the Int of: D.C.D./ Appeal of: Clinton Co C&YSgreen1 sentence2023See In re D.C.D., 105 A.3d at 673 . | 1 | 1 |
Commonwealth v. Graysgreen1 sentence2021The record demonstrates that the undersigned considered and articulated these factors, imposing a penalty that was individualized and tailored to [Appellant] based upon the inadequacy of supervision in protecting the public,3 the gravity of his offense in involving a minor while sexually arousing “man’s best friend,”4 and the need for rehabilitation of his thought processes.5 Also appropriately considered in relation to the second and third factors was [Appellant’s] lack of remorse, discernable at the hearing6 and later reaffirmed.7 See Commonwealth v. Grays, 167 A.3d 793, 817 (Pa. Super. 2017 | 1 | 1 |
Figueroa v. Pennsylvania Department of Correctionsgreen1 sentence2021The record demonstrates that the undersigned considered and articulated these factors, imposing a penalty that was individualized and tailored to [Appellant] based upon the inadequacy of supervision in protecting the public,3 the gravity of his offense in involving a minor while sexually arousing “man’s best friend,”4 and the need for rehabilitation of his thought processes.5 Also appropriately considered in relation to the second and third factors was [Appellant’s] lack of remorse, discernable at the hearing6 and later reaffirmed.7 See Commonwealth v. Grays, 167 A.3d 793, 817 (Pa. Super. 2017 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Com. v. McMahon, J.
green
2 sentences2024He claims that “[t]he police caretaking action in this instance was not independent from the detection, investigation, and acquisition of criminal evidence.” Id. 2024He claims that “[t]he police caretaking action in this instance was not independent from the detection, investigation, and acquisition of criminal evidence.” Id. | 2 | 2024–2024 |
Oz Gas, Ltd. v. Warren Area School District
green
1 sentence2024Although the United States Supreme Court in Chevron seemed to treat the first factor as a threshold question, 39 Pennsylvania case law makes clear that all three Chevron factors are relevant to the retroactivity inquiry. 40 Indeed, this Court has stressed 36 Id. at 447 . 37 Oz Gas, 938 A.2d at 282 . 38 Gen. | 1 | 2024–2024 |
Mathews v. Eldridge
green
1 sentence2023The Montañez court then turned to consider the Mathews Test: (1) “the private interest that will be affected by the official action”, (2) “the risk of an erroneous deprivation of such interest through the procedures used” and the value of “additional or substitute procedural safeguards”, and (3) the governmental interest, “including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail.” Id. at 483 (quoting Mathews, 424 U.S. at 335 ). [J-32-2023] - 38 The court concentrated on the second and third factors, as ther | 1 | 2023–2023 |
Com. v. Hobel, S.
green
1 sentence2023Turning to the second factor, I consider “the extent of deviation from the letter and spirit of the MPJA[.]” Hobel, supra at 1058 . | 1 | 2023–2023 |
United States v. O'Brien
green
1 sentence2021O’ Brien, supra. Conditions of probation validly serve - 23 - J-A18010-21 multiple important governmental interests, none of which are related to suppression of free expression. | 1 | 2021–2021 |
Almquist v. Town of Marshan
green
2 sentences1998Although the trial court did not cite any authority for employing these criteria, we find them to be appropriate and note that the second and third factors were, employed by the courts in Collura v. Town of Arlington, 367 Mass. 881 , 329 N.E.2d 733 (1975) and Almquist v. Town of Marshan, 308 Minn. 52 , 245 N.W.2d 819 (1976). 18 . 1998Although the trial court did not cite any authority for employing these criteria, we find them to be appropriate and note that the second and third factors were, employed by the courts in Collura v. Town of Arlington, 367 Mass. 881 , 329 N.E.2d 733 (1975) and Almquist v. Town of Marshan, 308 Minn. 52 , 245 N.W.2d 819 (1976). 18 . | 1 | 1998–1998 |
Collura v. Town of Arlington
green
2 sentences1998Although the trial court did not cite any authority for employing these criteria, we find them to be appropriate and note that the second and third factors were, employed by the courts in Collura v. Town of Arlington, 367 Mass. 881 , 329 N.E.2d 733 (1975) and Almquist v. Town of Marshan, 308 Minn. 52 , 245 N.W.2d 819 (1976). 18 . 1998Although the trial court did not cite any authority for employing these criteria, we find them to be appropriate and note that the second and third factors were, employed by the courts in Collura v. Town of Arlington, 367 Mass. 881 , 329 N.E.2d 733 (1975) and Almquist v. Town of Marshan, 308 Minn. 52 , 245 N.W.2d 819 (1976). 18 . | 1 | 1998–1998 |
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.