history rule in Pennsylvania

2023Second, it has been stressed that “we must . . . weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.” Finally, we have weighed the inequity imposed by retroactive application, for “[w]here a decision . . . could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the ‘injustice or hardship’ by a holding of nonretroactivity.” Blackwell v. State Ethics Commission, 589 A.2d 1094, 1100 (Pa. 199

1994Blackwell recounts three separate factors that are to be . considered in arriving at this determination: First, the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied ... or by deciding an issue of first impression whose resolution was not clearly foreshadowed____ Second, it has been stressed that ‘we must * * * weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retar

2012Second, it has been stressed that “we must * * * weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.” Linkletter v. Walker [ 381 U.S. 618, 629 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965) ].

2012Second, it has been stressed that “we must * * * weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.” Linkletter v. Walker [ 381 U.S. 618, 629 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965) ].

2023Second, it has been stressed that “we must . . . weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.” Finally, we have weighed the inequity imposed by retroactive application, for “[w]here a decision . . . could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the ‘injustice or hardship’ by a holding of nonretroactivity.” Blackwell v. State Ethics Commission, 589 A.2d 1094, 1100 (Pa. 199

2011See also Bugosh, 971 A.2d at 1243 n. 25 (citing Blackwell, 589 A.2d at 1100 ) (“[T]he standard adopted by this Court considers: whether the decision establishes a new principle of law; the merits by reviewing the history of the rule in question, its purpose and effect, and the potential impact of retroactive effect on its application; and the equities involved.”).

1990That rule of prospective application was approved by the Pennsylvania Supreme Court in Schreiber v. Republic Intermodal Corp., 473 Pa. 614, 622 , 375 A.2d 1285, 1289 (1977) and elsewhere.

1990That rule of prospective application was approved by the Pennsylvania Supreme Court in Schreiber v. Republic Intermodal Corp., 473 Pa. 614, 622 , 375 A.2d 1285, 1289 (1977) and elsewhere.

2024Applying principles of statutory interpretation to resolve the ambiguity, the dissent looked at the history of the doctrine of sovereign immunity and concluded that its purpose “has always been ‘to protect the fiscal security of the government by shielding the Commonwealth and its agents’ from financial liability.” Id. at 1243 (quoting Dorsey v. Redman, 96 A.3d 332, 340 (Pa. 2014) (emphasis omitted).

2024Applying principles of statutory interpretation to resolve the ambiguity, the dissent looked at the history of the doctrine of sovereign immunity and concluded that its purpose “has always been ‘to protect the fiscal security of the government by shielding the Commonwealth and its agents’ from financial liability.” Id. at 1243 (quoting Dorsey v. Redman, 96 A.3d 332, 340 (Pa. 2014) (emphasis omitted).

2023Moreover, we have long stated that “[t]he Commonwealth can prove an accused’s sanity not only by psychiatric testimony but also by lay testimony which shows that he or she knew the nature and quality of the act committed and knew that what had been done was wrong.” Commonwealth v. Frisoli, [ 419 A.2d 1204, 1206 (Pa.Super. 1980)] (citing Commonwealth v. Demmitt, 456 Pa. 475 , 321 A.2d 627 (1974)).

2008Moreover, we have long stated that “[t]he Commonwealth can prove an accused’s sanity not only by psychiatric testimony but also by lay testimony which shows that he or she knew the nature and quality of the act committed and knew that what had been done was wrong.” Commonwealth v. Fñsoli, 277 Pa.Super. 396 , 419 A.2d 1204, 1206 (1980) (citing Commonwealth v. Demmitt, 456 Pa. 475 , 321 A.2d 627 (1974)).

2023Commonwealth v. Heidnik, 526 Pa. 458, 466 , 587 A.2d 687 , 690–691 (1991); see also Commonwealth v. Reilly, - 19 - J-S28032-22 519 Pa. 550, 564 , 549 A.2d 503 , 509–510 (1988) (summarizing the history of the defense of insanity in this Commonwealth).

2023Commonwealth v. Heidnik, 526 Pa. 458, 466 , 587 A.2d 687 , 690–691 (1991); see also Commonwealth v. Reilly, - 19 - J-S28032-22 519 Pa. 550, 564 , 549 A.2d 503 , 509–510 (1988) (summarizing the history of the defense of insanity in this Commonwealth).

2017Oz Gas v. Warren Area School District, 595 Pa. 128 , 938 A.2d 274, 276 (2007). 14 .

2017Oz Gas v. Warren Area School District, 595 Pa. 128 , 938 A.2d 274, 276 (2007). 14 .

1995Batoff v. Commonwealth, Bureau of Professional and Occupational Affairs, 158 Pa.Commw. 267, 271, 631 A.2d 781, 783 (1993), citing Chevron Oil Co. v. Huson, [ 404 U.S. 97, 106-107 , 92 S.Ct. 349, 355-356 , 30 L.Ed.2d 296 (1971)].

1995Batoff v. Commonwealth, Bureau of Professional and Occupational Affairs, 158 Pa.Commw. 267, 271, 631 A.2d 781, 783 (1993), citing Chevron Oil Co. v. Huson, [ 404 U.S. 97, 106-107 , 92 S.Ct. 349, 355-356 , 30 L.Ed.2d 296 (1971)].

1986Finally, [the courts] have weighed the inequity imposed by retroactive application, for ‘[w]here a decision ... could produce substantial inequitable results if applied retroactively, there is ample basis in [the case-law] for avoiding the “injustice or hardship” by holding of nonretroactivity.’ ” Fairbanks v. Travelers Insurance Co., 337 Pa. Superior Ct. 39, 42 , 486 A.2d 469, 470 (1984) (quoting Chevron Oil Co. v. Huson, 404 U.S. 97, 106-07 , 92 S.Ct. 349, 355 , 30 L.Ed.2d 296 (1971) (citations omitted)).

1986Finally, [the courts] have weighed the inequity imposed by retroactive application, for ‘[w]here a decision ... could produce substantial inequitable results if applied retroactively, there is ample basis in [the case-law] for avoiding the “injustice or hardship” by holding of nonretroactivity.’ ” Fairbanks v. Travelers Insurance Co., 337 Pa. Superior Ct. 39, 42 , 486 A.2d 469, 470 (1984) (quoting Chevron Oil Co. v. Huson, 404 U.S. 97, 106-07 , 92 S.Ct. 349, 355 , 30 L.Ed.2d 296 (1971) (citations omitted)).

2023Commonwealth v. Heidnik, 526 Pa. 458, 466 , 587 A.2d 687 , 690–691 (1991); see also Commonwealth v. Reilly, - 19 - J-S28032-22 519 Pa. 550, 564 , 549 A.2d 503 , 509–510 (1988) (summarizing the history of the defense of insanity in this Commonwealth).

2023Commonwealth v. Heidnik, 526 Pa. 458, 466 , 587 A.2d 687 , 690–691 (1991); see also Commonwealth v. Reilly, - 19 - J-S28032-22 519 Pa. 550, 564 , 549 A.2d 503 , 509–510 (1988) (summarizing the history of the defense of insanity in this Commonwealth).

2001See 8 Wigmore, Evidence §2290 (McNaughton rev. 1961); see also, Cohen v. Jenkintown Cab Co., 238 Pa. Super. 456 , 357 A.2d 689 (1976) (discussing the history of the privilege and the rationale for its existence).

2001See 8 Wigmore, Evidence §2290 (McNaughton rev. 1961); see also, Cohen v. Jenkintown Cab Co., 238 Pa. Super. 456 , 357 A.2d 689 (1976) (discussing the history of the privilege and the rationale for its existence).

2023Concise Statement of Matters Complained of on Appeal, R.R. at 85.) 6 issues not raised in a [Rule] 1925(b) statement will be deemed waived.” Com. v. Hill, 16 A.3d 484, 494 (Pa. 2011) [quoting Com. v. Lord, 719 A.2d 306, 309 (Pa. 1998)].

2023Concise Statement of Matters Complained of on Appeal, R.R. at 85.) 6 issues not raised in a [Rule] 1925(b) statement will be deemed waived.” Com. v. Hill, 16 A.3d 484, 494 (Pa. 2011) [quoting Com. v. Lord, 719 A.2d 306, 309 (Pa. 1998)].

2020Other rights, even the most basic, are illusory if the right to vote is undermined.”1 As the Supreme Court of the United States has explained, the right to vote comprises not just “the right of qualified voters within a state 1 Wesberry v. Sanders, 376 U.S. 1, 17 (1964). [J-96-2020] [MO: Baer, J.] - 3 to cast their ballots,” but also the right “to have their ballots counted.” 2 In our Commonwealth, the franchise is guaranteed by the Free and Equal Elections Clause of the Pennsylvania Constitution, which commands: “Elections shall be free and equal; and no power, civil or military, shall at any

2014Estate of Moltrup, 225 A.2d 676, 678 (Pa. 1967) (citations modified); cf. , 112 A.2d 148, 150 (Pa. 1955) (hereinafter, McFadden II an end . . . .