concludes error (Pennsylvania) · Go Syfert
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concludes error in Pennsylvania

10 Pennsylvania opinions name it 5 courts 1951–2021 2 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)

CaseFollowedCited
Com. v. Giliam, C.green
pasuperct · 2020 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Commonwealth v. Giliam, 233 A.3d 863, 867 (Pa. Super. 2020).

11
Mellon Bank, N.A. v. Druziskygreen
pasuperct · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Mellon Bank, N.A. v. Durzinsky, 800 A.2d 955, 958 (Pa. Super. 2002).

11
Snyder Bros., Inc. v. Pa. Pub. Util. Comm'ngreen
pa · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020In contrast, in Snyder II, our Supreme Court concluded that, while “any” was an ambiguous term, “under Act 13, an unconventional vertical well is a ‘vertical gas well’ subject to assessment of an impact fee for a calendar year whenever that well’s natural gas production exceeds 90,000 cubic feet per day in at least one calendar month of that year.” Snyder II, 198 A.3d at 1079 (emphasis added). 4 “The [C]ommission shall assess interest on any delinquent fee at the rate determined under section 2307(a) (relating to commission).” 58 Pa.C.S. §2308(a).

11
Snyder Brothers, Inc. v. PA PUC PA Independent Oil & Gas Association v. PA PUCgreen
pacommwct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Alternatively, assuming, arguendo, that ‘any’ is an ambiguous term, this Court concludes that an analysis of the statutory construction factors do not resolve the ambiguity and that the ambiguity must be construed in favor of SBI. 157 A.3d at 1030-31 (emphasis added).

11
Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineersgreen
scotus · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Accordingly, we reverse the 17 See also Solid Waste Agency of N. Cook County v. United States Army Corps of Engineers, 531 U.S. 159, 174 (2001); Edward J.

11
State v. Dilboygreen
nh · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011See State v. Dilboy, 160 N.H. 135, 151 , 999 A.2d 1092 , 1104 (N.H.2010) (The court concludes that test results are testimonial hearsay, reviews various approaches taken by other courts to this issue, and holds that having an expert whose opinion is based on such testimonial hearsay does not violate the confrontation clause.); United States v. Turner, 591 F.3d 928 (7th Cir. 2010) (reference by expert during his examination to an analysis of a nontestifying analyst’s report that the court deemed to be testimonial hearsay did not violate the confrontation clause).

11
Commonwealth v. Mitchellgreen
pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
1 sentence

2003See Majority Opinion at ___, 839 A.2d at 215 ("Taking [the uncontradicted] evidence and comparing it in weight to the impact of the error ..., the court concludes that the error created by this improper query was harmless."). [1] *218 This appears, at least to me, to be a dilution of the harmless error standard which the Court took pains to apply correctly in Young .

11
Sierra Club v. Pennsylvania Public Utility Commissiongreen
pacommwct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999
1 sentence

1999See Sierra Club v. Pennsylvania Public Utility Commission, 702 A.2d 1131 (Pa.Cmwlth.), appeal granted, 553 Pa. 710 , 719 A.2d 748 (1998). 3 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Polinsky v. COM., DEPT. OF TRANSP. green
pacommwct · 1990
1 sentence

2018Notwithstanding, this Court concludes the error, if any, was harmless.8 Because “[a]s a reviewing court, we are bound by those facts which we determine to be supported by the evidence . . . [and] [the Airport Authority] has not challenged [any other] factual findings, they are conclusive and may not be disregarded.” Polinsky v. Dep’t of Transp., 569 A.2d 425 , 428 n.2 (Pa. Cmwlth. 1990).

12018–2018
United States v. Turner green
ca7 · 2010
1 sentence

2011See State v. Dilboy, 160 N.H. 135, 151 , 999 A.2d 1092 , 1104 (N.H.2010) (The court concludes that test results are testimonial hearsay, reviews various approaches taken by other courts to this issue, and holds that having an expert whose opinion is based on such testimonial hearsay does not violate the confrontation clause.); United States v. Turner, 591 F.3d 928 (7th Cir. 2010) (reference by expert during his examination to an analysis of a nontestifying analyst’s report that the court deemed to be testimonial hearsay did not violate the confrontation clause).

12011–2011
Brady v. Maryland green
scotus · 1963
2 sentences

2003Taking this evidence and comparing it in weight to the impact of the error caused when the prosecutor asked Appellant if the day of trial was the first time since the shooting that he told anyone that Montrell was the shooter, this court concludes that the error created by this improper query was harmless. 12 In the final claim of error, Appellant asserts that a new trial is warranted as the Commonwealth failed to provide the defense with exculpatory evidence as required under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). 13 The exculpatory evidence Appellant points t

2003Taking this evidence and comparing it in weight to the impact of the error caused when the prosecutor asked Appellant if the day of trial was the first time since the shooting that he told anyone that Montrell was the shooter, this court concludes that the error created by this improper query was harmless. 12 In the final claim of error, Appellant asserts that a new trial is warranted as the Commonwealth failed to provide the defense with exculpatory evidence as required under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). 13 The exculpatory evidence Appellant points t

12003–2003
Commonwealth v. Johnson green
pa · 1991
2 sentences

1996If the claim is without merit, this concludes our inquiry because “counsel will not be deemed ineffective for failing to pursue a baseless or meritless issue.” Id. at 122 , 588 A.2d at 1305 .

1996If the claim is without merit, this concludes our inquiry because “counsel will not be deemed ineffective for failing to pursue a baseless or meritless issue.” Id. at 122 , 588 A.2d at 1305 .

11996–1996
Commonwealth v. Haimbach green
pasuperct · 1942
2 sentences

1951Com. v. Haimbach, 151 Pa. Superior Ct. 581, 584 , 30 A. 2d 653 .

1951Com. v. Haimbach, 151 Pa. Superior Ct. 581, 584 , 30 A. 2d 653 .

11951–1951

Where else courts name it

TX 50 (1940–2023) NY 18 (1948–2017) CT 17 (1992–2002) CA 14 (1976–2025) PA 10 (1951–2021) OH 9 (1995–2020) OK 7 (1935–2020) MA 7 (1995–2019) MT 7 (1991–2003) WY 6 (2009–2016) NJ 6 (1976–2021) NC 5 (1998–2021) ME 5 (2009–2020) IL 5 (2010–2021) DE 4 (1999–2023) VT 4 (2009–2026) KS 4 (1997–2007) UT 3 (1998–2020) DC 3 (1982–2012) AL 3 (1991–2011) MI 3 (2015–2024) WA 3 (1998–2009) HI 2 (2000–2009) VA 2 (1978–2018) TN 2 (2014–2014) RI 2 (1997–2012) KY 2 (2014–2022) GA 2 (2002–2016) FL 2 (1987–1990) WV 2 (1983–2013)

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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