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11 Pennsylvania opinions name it 4 courts 1978–2017 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.
| Case | Followed | Cited |
|---|---|---|
Dunham & Shortt v. Kirkpatrickgreen2 sentences2017Court upheld’ the vitality of the presumption announced in Dunham & Shortt v. Kirkpatrick, 101 Pa. 36 (Pa. 1882) (“Dunham Rule”), for the proposition that a reference to “minerals” in. a reservation in a private deed does not include oil and gas, and contend that it applies to a treasurer’s deed. 2016They cite Butler v. Charles Powers Estate, 65 A.3d 885, 889 (Pa. 2013), where the Supreme Court upheld the vitality of the presumption announced in Dunham & Shortt v. Kirkpatrick, 101 Pa. 36 (Pa. 1882) (“Dunham Rule”), for the proposition that a reference to “minerals” in a reservation in a private deed does not include oil and gas, and contend that it applies to a treasurer’s deed. | 2 | 2 |
Butler v. Charles Powers Estate ex rel. Warrengreen1 sentence2016They cite Butler v. Charles Powers Estate, 65 A.3d 885, 889 (Pa. 2013), where the Supreme Court upheld the vitality of the presumption announced in Dunham & Shortt v. Kirkpatrick, 101 Pa. 36 (Pa. 1882) (“Dunham Rule”), for the proposition that a reference to “minerals” in a reservation in a private deed does not include oil and gas, and contend that it applies to a treasurer’s deed. | 1 | 1 |
Commonwealth v. Brownegreen2 sentences2010See id. 2010See id. | 1 | 1 |
Commonwealth v. Jonesgreen2 sentences2002See also Commonwealth v. Jones, 546 Pa. 161, 178 , 683 A.2d 1181, 1189 (1996) (“The test for determining voluntariness of a confession and whether an accused knowingly waived his or her rights looks to the totality of the circumstances”); Commonwealth v. Edmiston, 535 Pa. 210, 227-28 , 634 A.2d 1078, 1087 (1993) (same). 2002See also Commonwealth v. Jones, 546 Pa. 161, 178 , 683 A.2d 1181, 1189 (1996) (“The test for determining voluntariness of a confession and whether an accused knowingly waived his or her rights looks to the totality of the circumstances”); Commonwealth v. Edmiston, 535 Pa. 210, 227-28 , 634 A.2d 1078, 1087 (1993) (same). | 1 | 1 |
Commonwealth v. Edmistongreen2 sentences2002See also Commonwealth v. Jones, 546 Pa. 161, 178 , 683 A.2d 1181, 1189 (1996) (“The test for determining voluntariness of a confession and whether an accused knowingly waived his or her rights looks to the totality of the circumstances”); Commonwealth v. Edmiston, 535 Pa. 210, 227-28 , 634 A.2d 1078, 1087 (1993) (same). 2002See also Commonwealth v. Jones, 546 Pa. 161, 178 , 683 A.2d 1181, 1189 (1996) (“The test for determining voluntariness of a confession and whether an accused knowingly waived his or her rights looks to the totality of the circumstances”); Commonwealth v. Edmiston, 535 Pa. 210, 227-28 , 634 A.2d 1078, 1087 (1993) (same). | 1 | 1 |
Commonwealth v. Nestergreen2 sentences2002This Court merely reaffirmed the vitality of the test in Nester, 551 Pa. at 162-63 , 709 A.2d at 882 (footnote omitted); accord Nester, 551 Pa. at 169-70 , 709 A.2d at 885-86 (Nigro, J., dissenting). 2002This Court merely reaffirmed the vitality of the test in Nester, 551 Pa. at 162-63 , 709 A.2d at 882 (footnote omitted); accord Nester, 551 Pa. at 169-70 , 709 A.2d at 885-86 (Nigro, J., dissenting). | 1 | 1 |
Commonwealth v. Trainorgreen2 sentences1980In Trainor , Judge, now President Judge, CERCONE, after stating the principle that “not every violation of a law or unlawful act in the operation of a motor vehicle will render an operator criminally liable for deaths which may result.” Id., 252 Pa.Super. at 337 , 381 A.2d at 947 (emphasis in original), added in a footnote that “the vitality of this principle is cast in doubt as a result of the recently enacted Vehicle Code.” Id., 252 Pa.Super. at n. 4, 381 A.2d at n. 4. 1980In Trainor , Judge, now President Judge, CERCONE, after stating the principle that “not every violation of a law or unlawful act in the operation of a motor vehicle will render an operator criminally liable for deaths which may result.” Id., 252 Pa.Super. at 337 , 381 A.2d at 947 (emphasis in original), added in a footnote that “the vitality of this principle is cast in doubt as a result of the recently enacted Vehicle Code.” Id., 252 Pa.Super. at n. 4, 381 A.2d at n. 4. | 1 | 1 |
Commonwealth v. Kramergreen2 sentences1979See Commonwealth v. Kramer, 247 Pa.Super. 1 , 371 A.2d 1008 (1977); Commonwealth v. Pilosky, 239 Pa.Super. 233 , 362 A.2d 253 (1976). 1979See Commonwealth v. Kramer, 247 Pa.Super. 1 , 371 A.2d 1008 (1977); Commonwealth v. Pilosky, 239 Pa.Super. 233 , 362 A.2d 253 (1976). | 1 | 1 |
Commonwealth v. Petrogreen2 sentences1979In Commonwealth v. Petro, 115 Pa.Super. 388, 394-95 , 176 A. 46, 48 (1934), this court stated that “the Commonwealth may show an attempt by the defendant to intimidate its witnesses: (Cover v. Com., 5 Sadler 79 , 8 A. 196 ; Com. v. Marion, 232 Pa. 413, 423 , 81 A. 423 ; Heslop v. Heslop, 82 Pa. 537 , 541 . . .).” We have just recently reaffirmed the vitality of this rule. 1979In Commonwealth v. Petro, 115 Pa.Super. 388, 394-95 , 176 A. 46, 48 (1934), this court stated that “the Commonwealth may show an attempt by the defendant to intimidate its witnesses: (Cover v. Com., 5 Sadler 79 , 8 A. 196 ; Com. v. Marion, 232 Pa. 413, 423 , 81 A. 423 ; Heslop v. Heslop, 82 Pa. 537 , 541 . . .).” We have just recently reaffirmed the vitality of this rule. | 1 | 1 |
Lehnig v. Feltongreen2 sentences1978See Lehnig v. Felton, 235 Pa. Superior Ct. 100 , 340 A. 2d 564 (1975). 1978See Lehnig v. Felton, 235 Pa. Superior Ct. 100 , 340 A. 2d 564 (1975). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Michael H. v. Gerald D.
green
2 sentences1996Nothing about the most recent case from the United States Supreme Court wherein the irrebuttable presumption concept was discussed, Michael H. v. Gerald D., 491 U.S. 110 , 109 S.Ct. 2333 , 105 L.Ed.2d 91 (1989), suggests that the vitality of the doctrine or the rationale behind it are any clearer now than they were when Slater was decided. 1996Nothing about the most recent case from the United States Supreme Court wherein the irrebuttable presumption concept was discussed, Michael H. v. Gerald D., 491 U.S. 110 , 109 S.Ct. 2333 , 105 L.Ed.2d 91 (1989), suggests that the vitality of the doctrine or the rationale behind it are any clearer now than they were when Slater was decided. | 2 | 1996–1996 |
United States v. Dixon
green
2 sentences1995The vitality of this test was recently confirmed by the United States Supreme Court in United States v. Dixon, 509 U.S. 688 , 113 S.Ct. 2849 , 125 L.Ed.2d 556 (1993). 24 Applying the “same elements” test to appellant, it is evident that the federal prosecution and state prosecution require proof of an element in one prosecution that is not required in the other prosecution. 1995The vitality of this test was recently confirmed by the United States Supreme Court in United States v. Dixon, 509 U.S. 688 , 113 S.Ct. 2849 , 125 L.Ed.2d 556 (1993). 24 Applying the “same elements” test to appellant, it is evident that the federal prosecution and state prosecution require proof of an element in one prosecution that is not required in the other prosecution. | 1 | 1995–1995 |
Commonwealth, Department of General Services v. Collingdale Millwork Co.
green
2 sentences1989Department of General Service v. Collingdale Millwork Co., 71 Pa. Commonwealth Ct. 286 , 291 n. 2, 454 A.2d 1176 , 1178 n. 2 (1983). 1989Department of General Service v. Collingdale Millwork Co., 71 Pa. Commonwealth Ct. 286 , 291 n. 2, 454 A.2d 1176 , 1178 n. 2 (1983). | 1 | 1989–1989 |
Commonwealth v. Pilosky
green
2 sentences1979See Commonwealth v. Kramer, 247 Pa.Super. 1 , 371 A.2d 1008 (1977); Commonwealth v. Pilosky, 239 Pa.Super. 233 , 362 A.2d 253 (1976). 1979See Commonwealth v. Kramer, 247 Pa.Super. 1 , 371 A.2d 1008 (1977); Commonwealth v. Pilosky, 239 Pa.Super. 233 , 362 A.2d 253 (1976). | 1 | 1979–1979 |
Heslop v. Heslop
green
1 sentence1979In Commonwealth v. Petro, 115 Pa.Super. 388, 394-95 , 176 A. 46, 48 (1934), this court stated that “the Commonwealth may show an attempt by the defendant to intimidate its witnesses: (Cover v. Com., 5 Sadler 79 , 8 A. 196 ; Com. v. Marion, 232 Pa. 413, 423 , 81 A. 423 ; Heslop v. Heslop, 82 Pa. 537 , 541 . . .).” We have just recently reaffirmed the vitality of this rule. | 1 | 1979–1979 |
Commonwealth v. Marion
green
2 sentences1979In Commonwealth v. Petro, 115 Pa.Super. 388, 394-95 , 176 A. 46, 48 (1934), this court stated that “the Commonwealth may show an attempt by the defendant to intimidate its witnesses: (Cover v. Com., 5 Sadler 79 , 8 A. 196 ; Com. v. Marion, 232 Pa. 413, 423 , 81 A. 423 ; Heslop v. Heslop, 82 Pa. 537 , 541 . . .).” We have just recently reaffirmed the vitality of this rule. 1979In Commonwealth v. Petro, 115 Pa.Super. 388, 394-95 , 176 A. 46, 48 (1934), this court stated that “the Commonwealth may show an attempt by the defendant to intimidate its witnesses: (Cover v. Com., 5 Sadler 79 , 8 A. 196 ; Com. v. Marion, 232 Pa. 413, 423 , 81 A. 423 ; Heslop v. Heslop, 82 Pa. 537 , 541 . . .).” We have just recently reaffirmed the vitality of this rule. | 1 | 1979–1979 |
Cover v. Commonwealth
green
2 sentences1979In Commonwealth v. Petro, 115 Pa.Super. 388, 394-95 , 176 A. 46, 48 (1934), this court stated that “the Commonwealth may show an attempt by the defendant to intimidate its witnesses: (Cover v. Com., 5 Sadler 79 , 8 A. 196 ; Com. v. Marion, 232 Pa. 413, 423 , 81 A. 423 ; Heslop v. Heslop, 82 Pa. 537 , 541 . . .).” We have just recently reaffirmed the vitality of this rule. 1979In Commonwealth v. Petro, 115 Pa.Super. 388, 394-95 , 176 A. 46, 48 (1934), this court stated that “the Commonwealth may show an attempt by the defendant to intimidate its witnesses: (Cover v. Com., 5 Sadler 79 , 8 A. 196 ; Com. v. Marion, 232 Pa. 413, 423 , 81 A. 423 ; Heslop v. Heslop, 82 Pa. 537 , 541 . . .).” We have just recently reaffirmed the vitality of this rule. | 1 | 1979–1979 |
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.