mere clerical error (Pennsylvania) · Go Syfert
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mere clerical error in Pennsylvania

10 Pennsylvania opinions name it 2 courts 1893–2025 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 (5)

CaseFollowedCited
Commonwealth v. Williamsgreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Pa.R.A.P. 902-903; Commonwealth v. Williams, 106 A.3d 583, 587 (Pa. 2014) (“[T]o perfect an appeal from a lower court order, an appellant need only file a notice of appeal with the clerk of the lower court within the applicable time period. . . .

11
Commonwealth v. Younggreen
pasuperct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See Commonwealth v. Young, 695 A.2d 414, 419-20 (Pa. Super. 1997) (where - 17 - J-A16032-23 facts recited at the defendant’s plea hearing supported one count of indecent assault under 18 Pa.C.S. 3126(a)(1) (without complainant’s consent), and parties agreed to withdrawal of separate count of indecent assault under 3126(a)(4) (complainant is unconscious), mistaken recording of the plea as to 3126(a)(4) was a mere clerical error and did not amount to manifest injustice, the defendant may not withdraw his plea, and court should have corrected the clerical error to the proper subsection).

11
Commonwealth v. Borringreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017“A trial court has the inherent, common-law authority to correct ‘clear clerical errors’ in its orders.” Commonwealth v. Thompson, 106 A.3d 742, 766 (Pa. Super. 2014) (internal corrections omitted) (quoting Commonwealth v. Borrin, 12 A.3d 466, 471 (Pa. Super. 2011) (en banc)).

11
Commonwealth v. Thompsongreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017“A trial court has the inherent, common-law authority to correct ‘clear clerical errors’ in its orders.” Commonwealth v. Thompson, 106 A.3d 742, 766 (Pa. Super. 2014) (internal corrections omitted) (quoting Commonwealth v. Borrin, 12 A.3d 466, 471 (Pa. Super. 2011) (en banc)).

11
Commonwealth v. Tannergreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Nevertheless, since the trial court accidentally cited to 42 Pa.C.S.A. § 4137(a)(2) in the sentencing order, we will remand the case so that the record may be corrected. -8- J-S14019-15 We note that “challenges to an illegal sentence can never be waived and may be raised sua sponte by this Court.” Commonwealth v. Tanner, 61 A.3d 1043, 1046 (Pa. Super. 2013) (internal quotations and citations omitted).

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 (6)

CaseCitedYears
Walters, T. v. UPMC Presbyterian Shadyside green
pasuperct · 2016
1 sentence

2018The Superior Court rejected this argument, declining to accept "that the imposition of a duty to report is so onerous as to be 'entirely unworkable,' " and noting that the court did not "cower from claims of exposure to 'limitless liability unchecked by the passage of time, proximity, or scope of harm' for what could be a mere clerical error." Walters , 144 A.3d at 119 (quoting UPMC's Brief).

12018–2018
Charlie, A. v. Erie Insurance Exchange green
pasuperct · 2014
1 sentence

2016Id.

12016–2016
Commonwealth v. Brown green
pasuperct · 1979
2 sentences

1981Commonwealth v. Brown, supra, 264 Pa.Super.Ct. at 127 n. 1, 399 A.2d at 699 n. 1.

1981Commonwealth v. Brown, supra, 264 Pa.Super.Ct. at 127 n. 1, 399 A.2d at 699 n. 1.

11981–1981
Cam Vending Service v. Kessler green
pasuperct · 1964
2 sentences

1973Cam Vending Service v. Kessler, 204 Pa. Superior Ct. 400 , 204 A. 2d 490 (1964).

1973Cam Vending Service v. Kessler, 204 Pa. Superior Ct. 400 , 204 A. 2d 490 (1964).

11973–1973
Cox v. Wilkes-Barre Railway Corp. green
pa · 1939
2 sentences

1940Practice, p. 611, §19 and Cox v. Wilkes-Barre Railway Corp., 334 Pa. 568, 570 , 6 A. 2d 538 The amendment was not, as the appellee argues, a mere clerical error.

1940Practice, p. 611, §19 and Cox v. Wilkes-Barre Railway Corp., 334 Pa. 568, 570 , 6 A. 2d 538 The amendment was not, as the appellee argues, a mere clerical error.

11940–1940
Beigh's Road green
pa · 1854
1 sentence

1893Gibson, the owner of the land through which the said proposed private road is intended to pass, had actual personal notice of the time and place fixed for the meeting of viewers, and of the time and place fixed for the assessment of damages, and that he was personally present at both of these meetings, and was heard by the viewers both at the time and places fixed for the meeting of viewers-and for the assessment of damages, and that these facts were inadvertently omitted from our report, filed June 6, 1891.” A mere clerical error in the report of viewers is always amendable : Beigh’s Road, 23

11893–1893

Where else courts name it

NY 32 (1830–2025) TX 23 (1872–2024) CA 19 (1913–2026) MO 16 (1892–2025) AL 12 (1896–2016) MS 10 (1931–2024) PA 10 (1893–2025) LA 9 (1825–2016) NC 9 (1896–2015) OK 9 (1910–1978) GA 8 (1913–1999) IL 8 (1897–2025) AR 7 (1920–2025) MN 6 (1887–1996) OR 6 (1902–1959) SC 5 (1910–2002) OH 4 (2013–2025) FL 4 (1931–1997) IN 4 (1862–1970) TN 4 (1925–2016) WI 4 (1889–2014) WA 4 (1920–2025) KS 4 (1902–2024) MT 3 (1925–1997) SD 3 (1919–1927) IA 3 (1892–2012) VA 3 (1872–1872) NE 3 (1896–1916) NV 2 (1878–1937) CT 2 (1963–2017) WY 2 (1935–1937) KY 2 (2024–2024) MA 2 (1925–2003) ID 2 (1916–2022) MI 2 (1931–1952)

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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