69 Pennsylvania opinions name it 9 courts 1906–2026 7 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. Fowlergreen2 sentences2020See Commonwealth v. Fowler, 670 A.2d 153 (Pa. Super. 1996); Commonwealth v. Mizell, 425 A.2d 424 (Pa. 1981). 2017See Washington, 927 A.2d at 594 (stating that inquiry is not whether there was more logical course of action, but whether course of action pursued by trial counsel had reasonable basis); Commonwealth v. Fowler, 670 A.2d 153, 155 (Pa.Super. 1996) (“Trial counsel inherently has broad discretion to determine the course of defense tactics employed.”). | 4 | 4 |
United States v. Bagleygreen2 sentences2019See Bagley , 473 U.S. at 683 , 105 S.Ct. 3375 . 2019See Bagley , 473 U.S. at 683 , 105 S.Ct. 3375 . | 3 | 4 |
Commonwealth v. Mizellgreen2 sentences1986See Commonwealth v. Mizell, 493 Pa. 161, 164 , 425 A.2d 424, 426 (1981) (Trial counsel inherently have broad discretion to determine the course of defense tactics employed.). 1986See Commonwealth v. Mizell, 493 Pa. 161, 164 , 425 A.2d 424, 426 (1981) (Trial counsel inherently have broad discretion to determine the course of defense tactics employed.). | 2 | 6 |
Diwara v. State Board of Cosmetologygreen1 sentence2023Cf. Diwara, 852 A.2d at 1285 (Pa. Cmwlth. 2004) (concluding that natural hair braiders had not met their burden of proof in an as-applied constitutional challenge to the licensing statute, where there was insufficient evidence that cosmetology schools do not provide instruction rationally related to natural hair braiding). | 1 | 1 |
Linde Enterprises, Inc. v. Lackawanna River Basin Sewer Authoritygreen1 sentence2022See id. at 18a-21a. | 1 | 1 |
Commonwealth v. Fowlergreen1 sentence2020See Fowler, 419 A.2d at 35 ; see generally Pa.R.Crim.P. 122 (discussing right to counsel in criminal proceedings); Commonwealth v. Wright, 961 A.2d 119, 134 (Pa. 2008) (noting a defendant may seek change of appointed counsel in a criminal proceeding based on irreconcilable differences); Commonwealth v. - 15 - J-S47020-19; J-S47021-19; J-S47022-19 Widgins, 29 A.3d 816 , 817 n.2 (Pa. Super. 2011) (noting that the procedures for withdrawal in Anders v. California, 386 U.S. 738 (1967), which apply in a direct appeal, provide “greater protection” than a Turner/Finley filing, which applies in PCRA p | 1 | 1 |
Commonwealth v. Wrightgreen1 sentence2020See Fowler, 419 A.2d at 35 ; see generally Pa.R.Crim.P. 122 (discussing right to counsel in criminal proceedings); Commonwealth v. Wright, 961 A.2d 119, 134 (Pa. 2008) (noting a defendant may seek change of appointed counsel in a criminal proceeding based on irreconcilable differences); Commonwealth v. - 15 - J-S47020-19; J-S47021-19; J-S47022-19 Widgins, 29 A.3d 816 , 817 n.2 (Pa. Super. 2011) (noting that the procedures for withdrawal in Anders v. California, 386 U.S. 738 (1967), which apply in a direct appeal, provide “greater protection” than a Turner/Finley filing, which applies in PCRA p | 1 | 1 |
Peidong Jia v. Unemployment Compensation Board of Reviewgreen1 sentence2020Bd. of Review, 55 A.3d 545, 548 (Pa. Cmwlth. 2012) (explaining that an employer must show “that the work was done for others, not just the employer, as part of an independent trade” in overcoming the statutory presumption of employment)).10 Based on the foregoing, and because both prongs of Subsection 4(l)(2)(B) must be met for a worker to qualify as an independent contractor, the Department denied the 10 In the course of its analysis of the cleaning personnel, the Department commented that the Law “does not provide a blanket UC tax exemption for casual-type workers.” Final Decision and Order | 1 | 1 |
Com. v. Washingtongreen1 sentence2017See Washington, 927 A.2d at 594 (stating that inquiry is not whether there was more logical course of action, but whether course of action pursued by trial counsel had reasonable basis); Commonwealth v. Fowler, 670 A.2d 153, 155 (Pa.Super. 1996) (“Trial counsel inherently has broad discretion to determine the course of defense tactics employed.”). | 1 | 1 |
Federal Land Bank of Baltimore v. Fetnergreen1 sentence2017Land Bank of Balt. v. Fetner, 410 A.2d 344, 349 (Pa. Super. 1979) 13 The trial court did deny Objectors’ request that Mayor Rodriguez be allowed to testify regarding the time the Prothonotary’s Office closed on July 17, 2017, but it did not abuse its discretion in doing so. | 1 | 1 |
Jones v. Jonesgreen1 sentence2016It is well settled that "a failure to argue and to cite any authority supporting any argument constitutes a waiver of issues on appeal." Jones v. Jones, 878 A.2d 86, 90 (Pa. Super. 2005). 9 In the instant matter, not only did Appellant, an attorney by trade, fail to request the trial court during the course of the hearing to deduct Social Se~urity and Medicare withholdings, he likewise failed to formally move into evidence his W-2 information which would contain said information and as such, this was not made part of the record. | 1 | 1 |
Commonwealth v. Fennellgreen1 sentence2016See Commonwealth v. Fennell, 105 A.3d 13 (Pa.Super. 2014), appeal denied, ___ Pa. ___, 121 A.3d 494 (2015). - 11 - J-A28001-15 reference to the alleged jury tampering in this case. | 1 | 1 |
| J. M. Korn & Son, Inc. v. Fleet-Air Corp.green | 1 | 1 |
C-Rich Co. v. Davisgreen2 sentences2014See, e.g., Davis v. Woxall Hotel, Inc., 395 Pa.Super. 465 , 577 A.2d 636, 638-39 (1990) (declining to address a defense raised on appeal, but not pleaded in appellant’s petition to open or strike); C-Rich Co. v. Davis, 383 Pa.Super. 31 , 556 A.2d 413, 417-18 (1989) (quashing as interlocutory an appeal from an order denying Appellant’s motion to amend its petition to open or strike); Mellon Bank v. Rafsky, 369 Pa.Super. 585 , 535 A.2d 1090, 1091-94 (1987) (affirming the trial court’s finding of waiver where petitioner in a related matter raised additional grounds to open a confessed judgment “d 2014See, e.g., Davis v. Woxall Hotel, Inc., 395 Pa.Super. 465 , 577 A.2d 636, 638-39 (1990) (declining to address a defense raised on appeal, but not pleaded in appellant’s petition to open or strike); C-Rich Co. v. Davis, 383 Pa.Super. 31 , 556 A.2d 413, 417-18 (1989) (quashing as interlocutory an appeal from an order denying Appellant’s motion to amend its petition to open or strike); Mellon Bank v. Rafsky, 369 Pa.Super. 585 , 535 A.2d 1090, 1091-94 (1987) (affirming the trial court’s finding of waiver where petitioner in a related matter raised additional grounds to open a confessed judgment “d | 1 | 1 |
| Mellon Bank v. Rafskygreen | 1 | 1 |
Davis v. Woxall Hotel, Inc.green2 sentences2014See, e.g., Davis v. Woxall Hotel, Inc., 395 Pa.Super. 465 , 577 A.2d 636, 638-39 (1990) (declining to address a defense raised on appeal, but not pleaded in appellant’s petition to open or strike); C-Rich Co. v. Davis, 383 Pa.Super. 31 , 556 A.2d 413, 417-18 (1989) (quashing as interlocutory an appeal from an order denying Appellant’s motion to amend its petition to open or strike); Mellon Bank v. Rafsky, 369 Pa.Super. 585 , 535 A.2d 1090, 1091-94 (1987) (affirming the trial court’s finding of waiver where petitioner in a related matter raised additional grounds to open a confessed judgment “d 2014See, e.g., Davis v. Woxall Hotel, Inc., 395 Pa.Super. 465 , 577 A.2d 636, 638-39 (1990) (declining to address a defense raised on appeal, but not pleaded in appellant’s petition to open or strike); C-Rich Co. v. Davis, 383 Pa.Super. 31 , 556 A.2d 413, 417-18 (1989) (quashing as interlocutory an appeal from an order denying Appellant’s motion to amend its petition to open or strike); Mellon Bank v. Rafsky, 369 Pa.Super. 585 , 535 A.2d 1090, 1091-94 (1987) (affirming the trial court’s finding of waiver where petitioner in a related matter raised additional grounds to open a confessed judgment “d | 1 | 1 |
| United States v. Wilfredo Alvarez Appeal of John A/K/A Jorge Martinezgreen | 1 | 1 |
| Commonwealth v. Stewardgreen | 1 | 1 |
| Kline v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen | 1 | 1 |
| SENECA M. CO., INC. v. McKEAN TZHBgreen | 1 | 1 |
| Hexter v. Haverford Townshipgreen | 1 | 1 |
| Commonwealth v. Greinergreen | 1 | 1 |
| Estelle v. Williamsgreen | 1 | 1 |
| Commonwealth v. McCauslandgreen | 1 | 1 |
| Philadelphia Ball Club, Ltd. v. Lajoiegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Armour Pharmacy v. Bureau of WC Fee Review Hearing Office (Wegman's Food Markets, Inc.)
green
2 sentences2021In appropriate cases, this question may also be determined by a [WCJ] in the course of a claim or penalty petition proceeding.” Id. at 672 . 2021In appropriate cases, this question may also be determined by a [WCJ] in the course of a claim or penalty petition proceeding.” Id. at 672 . | 2 | 2021–2021 |
Commonwealth v. Widgins
green
2 sentences2020See Fowler, 419 A.2d at 35 ; see generally Pa.R.Crim.P. 122 (discussing right to counsel in criminal proceedings); Commonwealth v. Wright, 961 A.2d 119, 134 (Pa. 2008) (noting a defendant may seek change of appointed counsel in a criminal proceeding based on irreconcilable differences); Commonwealth v. - 15 - J-S47020-19; J-S47021-19; J-S47022-19 Widgins, 29 A.3d 816 , 817 n.2 (Pa. Super. 2011) (noting that the procedures for withdrawal in Anders v. California, 386 U.S. 738 (1967), which apply in a direct appeal, provide “greater protection” than a Turner/Finley filing, which applies in PCRA p 2016Parenthetically, we observe that Maria Augello, employed by the Luzerne County Probation and Parole Department, who prepared the presentence investigation, testified during the course of this hearing. ( Id. | 2 | 2016–2020 |
CHATHAM R. CLUB v. Com. of Pa.
green
2 sentences1990In our judgment such circumstances fall short of fraud or fraudulent conduct.” Id., 116 Pa. Commw. at 60 , 541 A.2d at 54 . 1990In our judgment such circumstances fall short of fraud or fraudulent conduct.” Id., 116 Pa. Commw. at 60 , 541 A.2d at 54 . | 2 | 1990–1990 |
Anderson Appeal
green
2 sentences1979In In Interest of Anderson, 227 Pa.Super. 439 , 313 A.2d 260 (1973), the juvenile was taken into custody at 9:00 p. m. and questioned about his participation in a gang shooting of *188 a passerby. 1979In In Interest of Anderson, 227 Pa.Super. 439 , 313 A.2d 260 (1973), the juvenile was taken into custody at 9:00 p. m. and questioned about his participation in a gang shooting of *188 a passerby. | 2 | 1976–1979 |
New Street Bridge Co. v. Public Service Commission
green
2 sentences1924If in the course of its inquiry, the commission finds, as it did in this case, that it has sufficient evidence to act finally, nothing can be gained by thereafter wasting time and money in unnecessary investigation: New Street Bridge Company’s Case, 271 Pa. 19, 38 . 1923If in the course of its inquiry, the commission finds, as it did in this case, that it has sufficient evidence to act finally, nothing can be gained by thereafter wasting time and money in unnecessary investigation: New Street Bridge Company's Case, 271 Pa. 19 , 38 . | 2 | 1923–1924 |
Trometter v. Pennsylvania Labor Relations Board
green
1 sentence2026At that point in time, the Board could lawfully refer that portion of the 21 matter to the Attorney General for possible criminal prosecution.” Id. | 1 | 2026–2026 |
Com. v. Knupp, D.
green
1 sentence2025Id. | 1 | 2025–2025 |
Cavaliere v. Duff's Business Institute
green
1 sentence2022Cavaliere, supra at 403-404 . | 1 | 2022–2022 |
Anders v. California
green
1 sentence2020See Fowler, 419 A.2d at 35 ; see generally Pa.R.Crim.P. 122 (discussing right to counsel in criminal proceedings); Commonwealth v. Wright, 961 A.2d 119, 134 (Pa. 2008) (noting a defendant may seek change of appointed counsel in a criminal proceeding based on irreconcilable differences); Commonwealth v. - 15 - J-S47020-19; J-S47021-19; J-S47022-19 Widgins, 29 A.3d 816 , 817 n.2 (Pa. Super. 2011) (noting that the procedures for withdrawal in Anders v. California, 386 U.S. 738 (1967), which apply in a direct appeal, provide “greater protection” than a Turner/Finley filing, which applies in PCRA p | 1 | 2020–2020 |
Commonwealth v. Steele
green
1 sentence2020Thus, when a Defendant fails to preperly plead all three prongs, or, having done so, to develop the claim, the Defendant is not entitled to relief and the court may find the claim waived for lack of development See Commonwealth v. Steele, 961 A.2d 786 (Pa. 2008). 5 68_0pinion and Order.pd Additionally, trial counsel has broad discretion to determine the course of defense tactics and strategy. | 1 | 2020–2020 |
Commonwealth v. Roane
green
1 sentence2020However, the weight of the evidence, including the credibility of witnesses, was exclusively the prerogative of the trial court as finder of fact, Roane, 204 A.3d at 1001 , and the trial court believed Penelope’s version of events, which she supported with physical exhibits: Based upon the testimony and evidence presented to the [trial c]ourt throughout the course of the hearing, the [trial c]ourt finds that the Bower Trucking which is the titled owner of the [T]ruck is a partnership between the late Anna . . . and Penelope A. Bower, - 11 - J-S22032-20 which was entered into on January 5, 2014 | 1 | 2020–2020 |
Travel v. Ward
green
1 sentence2018This timely appeal followed.4 ____________________________________________ 2 For a more detailed history of the case, see Commonwealth v. Godson, 145 A.3d 790 (Pa. Super. filed April 25, 2016) (unpublished memorandum). 3 The transcript of the revocation of probation hearing is not included in the electronic record presented to us for review. | 1 | 2018–2018 |
Cuyler v. Sullivan
green
2 sentences2016Similarly, the attorney herself or himself can deprive a defendant of the right to counsel “simply by failing to render ‘adequate legal assistance.’ ” Id. (citing Cuyler v. Sullivan, 446 U.S. 335, 344 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980)). 2016Similarly, the attorney herself or himself can deprive a defendant of the right to counsel “simply by failing to render ‘adequate legal assistance.’ ” Id. (citing Cuyler v. Sullivan, 446 U.S. 335, 344 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980)). | 1 | 2016–2016 |
McMann v. Richardson
green
1 sentence2016Similarly, the attorney herself or himself can deprive a defendant of the right to counsel “simply by failing to render ‘adequate legal assistance.’ ” Id. (citing Cuyler v. Sullivan, 446 U.S. 335, 344 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980)). | 1 | 2016–2016 |
In Re Adoption of L.J.B.
green
1 sentence2015Using an involuntary termination petition as a defensive mechanism against a parent seeking custody of his or her children does not comport with the purposes of the - 17 - J-A07036-14 Act.9 L.J.B., supra; B.E., supra. Accordingly, we are compelled to hold that the trial court abused its discretion and erred as a matter of law by concluding cause was demonstrated to permit the adoption of Children by Maternal Grandfather and by considering the petition for involuntary termination of Father’s parental rights under Section 2511(a)(1) and (b), as no new family unit was to be created.10 In the cour | 1 | 2015–2015 |
In Re BE
green
1 sentence2015Using an involuntary termination petition as a defensive mechanism against a parent seeking custody of his or her children does not comport with the purposes of the - 17 - J-A07036-14 Act.9 L.J.B., supra; B.E., supra. Accordingly, we are compelled to hold that the trial court abused its discretion and erred as a matter of law by concluding cause was demonstrated to permit the adoption of Children by Maternal Grandfather and by considering the petition for involuntary termination of Father’s parental rights under Section 2511(a)(1) and (b), as no new family unit was to be created.10 In the cour | 1 | 2015–2015 |
| In Re SJ green | 1 | 2013–2013 |
| St. Paul Fire & Marine Insurance Co. v. Love green | 1 | 2012–2012 |
| Commonwealth v. Quaid green | 1 | 2005–2005 |
| Atlantic Coast Line Railroad v. Standard Oil Co. of Kentucky green | 1 | 2002–2002 |
| Commonwealth v. Griest green | 1 | 1999–1999 |
| Commonwealth v. Roose green | 1 | 1999–1999 |
| Retirement Board v. McGovern green | 1 | 1999–1999 |
| In re the Board of Public Education of the School District green | 1 | 1997–1997 |
| Burger King Corp. v. Rudzewicz green | 1 | 1989–1989 |
| Roach v. Port Auth. of Allegheny Cty. green | 1 | 1989–1989 |
| Gilberti v. Payne green | 1 | 1983–1983 |
| Togans v. State Civil Service Commission green | 1 | 1983–1983 |
| DIPPEL v. Brunozzi green | 1 | 1982–1982 |
| Commonwealth v. Spells green | 1 | 1981–1981 |
| Pennsylvania Crime Commission Petitions green | 1 | 1980–1980 |
| Commonwealth v. Rivers green | 1 | 1980–1980 |
| Commonwealth v. Tabb green | 1 | 1980–1980 |
| Commonwealth ex rel. Friedman v. Friedman green | 1 | 1979–1979 |
| Butz v. Economou green | 1 | 1979–1979 |
| Weaver v. Welsh green | 1 | 1979–1979 |
| Commonwealth v. Sweet green | 1 | 1978–1978 |
| Nesbit v. Vandervort & Curry green | 1 | 1955–1955 |
| City of Scranton v. Noll neutral | 1 | 1955–1955 |
| McMahon v. Edw. G. Budd Mfg. Co. green | 1 | 1955–1955 |
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.