Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 Pennsylvania opinions name it 4 courts 1947–2025 1 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 |
|---|---|---|
Commonwealth v. Hicks, C., Aplt.green1 sentence2025Basic human nature and rational thought tend to default toward the very logic that the rule prohibits.” Id. at 1157 (Wecht, J., dissenting). | 1 | 1 |
Commonwealth v. Scottgreen2 sentences2014I have difficulty F with transporting this logic to bar claims that are based on substantial differences between the weight or type of the evidence that was presented at trial and that which is presented at the post-conviction stage.” (citation omitted)); see also Commonwealth v. Scott, 561 Pa. 617 , 752 A.2d 871 , 877 n. 7 (2000) (opining defendant not prejudiced where counsel did not introduce drug-treatment records but presented testimony of forensic psychologist and defendant’s father regarding defendant’s past drug treatment). 2014I have difficulty F with transporting this logic to bar claims that are based on substantial differences between the weight or type of the evidence that was presented at trial and that which is presented at the post-conviction stage.” (citation omitted)); see also Commonwealth v. Scott, 561 Pa. 617 , 752 A.2d 871 , 877 n. 7 (2000) (opining defendant not prejudiced where counsel did not introduce drug-treatment records but presented testimony of forensic psychologist and defendant’s father regarding defendant’s past drug treatment). | 1 | 1 |
Commonwealth v. Browngreen2 sentences2007See Commonwealth v. Brown, 544 Pa. 406, 425 , 676 A.2d 1178, 1187 (1996) (allowing for the possibility of post-conviction relief “if it can be concluded that an alternative not chosen offered a potential for success substantially greater than the course actually pursued” (citation omitted)). 6 Thus, I would not extend Mar shall’s characterization of Scott to evidence that may add substantial weight to the impact of a mitigating circumstance category, but rather, would limit it to situations in which evidence substantially overlaps. 7 Appellant presented a developed case of life-history and men 2007See Commonwealth v. Brown, 544 Pa. 406, 425 , 676 A.2d 1178, 1187 (1996) (allowing for the possibility of post-conviction relief “if it can be concluded that an alternative not chosen offered a potential for success substantially greater than the course actually pursued” (citation omitted)). 6 Thus, I would not extend Mar shall’s characterization of Scott to evidence that may add substantial weight to the impact of a mitigating circumstance category, but rather, would limit it to situations in which evidence substantially overlaps. 7 Appellant presented a developed case of life-history and men | 1 | 1 |
Lucas v. South Carolina Coastal Councilgreen2 sentences2002Keystone, 480 U.S. at 497 , 107 S.Ct. 1232 ; but we have at times expressed discomfort with the logic of this rule, see Lucas, 505 U.S. at 1016-1017, n. 7 , 112 S.Ct. 2886 , a sentiment echoed by some commentators, see, e.g., Epstein, Takings: Descent and Resurrection, 1987 Sup.Ct. 2002Keystone, 480 U.S. at 497 , 107 S.Ct. 1232 ; but we have at times expressed discomfort with the logic of this rule, see Lucas, 505 U.S. at 1016-1017, n. 7 , 112 S.Ct. 2886 , a sentiment echoed by some commentators, see, e.g., Epstein, Takings: Descent and Resurrection, 1987 Sup.Ct. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Press-Enterprise Co. v. Superior Court of Cal., County of Riverside
green
1 sentence2020The experience test “considers whether there has been a ‘tradition of accessibility,’” and the logic test considers “‘whether public access plays a significant positive role in the functioning of the particular process in question.’” Id. at 900 (quoting Press-Enterprise II, 478 U.S. at 8 ). | 1 | 2020–2020 |
Commonwealth v. Long
green
1 sentence2020The experience test “considers whether there has been a ‘tradition of accessibility,’” and the logic test considers “‘whether public access plays a significant positive role in the functioning of the particular process in question.’” Id. at 900 (quoting Press-Enterprise II, 478 U.S. at 8 ). | 1 | 2020–2020 |
NXIVM Corp. v. O'Hara
green
1 sentence2018NXIVM Corp. v. O'Hara , 241 F.R.D. 109 , 125 n.21 (N.D. | 1 | 2018–2018 |
In Re: Grand Jury Proceedings United States of America v. John Doe
green
1 sentence2018But since the attorney-client privilege 'stands in derogation of the public's right to everyman's evidence, ... it ought to be strictly confined within the narrowest possible limits consistent with the logic of the principle.' In re Grand Jury Proceedings , 219 F.3d 175 , 182 (2d Cir. 2000) (citing [ U.S. ] v. Int'l Bhd. of Teamsters , 119 F.3d [210,] 214 [ (2d Cir. 1997] ) ). | 1 | 2018–2018 |
People v. Spector
green
1 sentence2017The particular circumstances involved evidence that "when fueled by alcohol and faced with a lack or loss of control over a woman who was alone with him and in whom he had a romantic or sexual interest, Spector underwent a sharp mood swing, exhibited extreme anger, and threatened the woman with a gun when she refused to do his bidding.” Spector, 128 Cal.Rptr.3d at 73 . . | 1 | 2017–2017 |
State v. Johns
green
1 sentence2017In Johns, 725 P.2d 312 , the Oregon Supreme Court approved the admission of evidence of previous armed assaults in a murder prosecution in which the defendant claimed that his wife’s shooting death was an accident. | 1 | 2017–2017 |
Acceptance Insurance v. Seybert
green
1 sentence2007Co. v. Seybert, 757 A.2d 380 (Pa.Super.2000), compels the conclusion that the assault and battery exclusion in this case precludes coverage, we find that, in fact, following the logic of our analysis in Seybert , the exclusion does not apply. | 1 | 2007–2007 |
Keystone Bituminous Coal Assn. v. DeBenedictis
green
2 sentences2002Keystone, 480 U.S. at 497 , 107 S.Ct. 1232 ; but we have at times expressed discomfort with the logic of this rule, see Lucas, 505 U.S. at 1016-1017, n. 7 , 112 S.Ct. 2886 , a sentiment echoed by some commentators, see, e.g., Epstein, Takings: Descent and Resurrection, 1987 Sup.Ct. 2002Keystone, 480 U.S. at 497 , 107 S.Ct. 1232 ; but we have at times expressed discomfort with the logic of this rule, see Lucas, 505 U.S. at 1016-1017, n. 7 , 112 S.Ct. 2886 , a sentiment echoed by some commentators, see, e.g., Epstein, Takings: Descent and Resurrection, 1987 Sup.Ct. | 1 | 2002–2002 |
Fell v. Johnston Et Ux.
green
1 sentence1947As was said in Fell v. Johnston et ux., 154 Pa. Superior Ct. 470 , 472: “. . . | 1 | 1947–1947 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.