67 Pennsylvania opinions name it 5 courts 1959–2026 21 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. Rhodesgreen2 sentences2022Commonwealth v. Gonzalez, 109 A.3d 711, 721 (Pa. Super. 2015) (added emphasis removed), citing Commonwealth v. Rhodes, 510 A.2d 1217, 1226 (Pa. 1986). 2020Commonwealth v. Rhodes, … 510 A.2d 1217, 1226 ([Pa.] 1986)…. | 6 | 7 |
Commonwealth v. Gonzalezgreen2 sentences2023Commonwealth v. Gonzalez, 109 A.3d 711, 720-21 (Pa. Super. 2015) (citations and emphasis omitted). 2022Commonwealth v. Gonzalez, 109 A.3d 711, 721 (Pa. Super. 2015) (added emphasis removed), citing Commonwealth v. Rhodes, 510 A.2d 1217, 1226 (Pa. 1986). | 3 | 3 |
Commonwealth, Department of Environmental Resources v. Peggs Run Coal Co.green2 sentences2017Res. v. Peggs Run Coal Co., ... 423 A.2d 765, 768-69 ([Pa. Cmwlth.] 1980)). 2017Res. v. Reggs Run Coal Co., . . . 423 A.2d 765, 768-69 ([Pa. Cmwlth.] 1980)). 45 The Commonwealth alleges numerous facts in the Amended Complaint supporting its assertion that the Parent Entities controlled the Facilities, and that the Parent Entities siphoned monies from the Facilities.37 The Commonwealth contends that GGNSC Holdings LLC directly or indirectly owns each of the Parent Entities and each of the Facilities, and that GGNSC Holdings LLC “exercises pervasive, day- to-day control over the operations of the [Facilities] through the actions of . . . the other [Parent Entities].” Amende | 2 | 2 |
Commonwealth v. Wingait Farmsgreen2 sentences2003Upon finding that the General Assembly intended the law to be civil and remedial rather than punitive, the Williams court examined the Mendoza-Martinez factors and noted that, while “neither exhaustive nor dispositive,” the list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” Williams, 574 Pa. 487 , 832 A.2d at 972 , citing United States v. Ward, 448 U.S. at 249, 100 S.Ct. at 2641; Smith, 538 U.S. at 249, 123 S.Ct. at 1147; Co 2003Upon finding that the General Assembly intended the law to be civil and remedial rather than punitive, the Williams court examined the Mendoza-Martinez factors and noted that, while “neither exhaustive nor dispositive,” the list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” Williams, 574 Pa. 487 , 832 A.2d at 972 , citing United States v. Ward, 448 U.S. at 249, 100 S.Ct. at 2641; Smith, 538 U.S. at 249, 123 S.Ct. at 1147; Co | 2 | 2 |
Commonwealth v. McGeegreen2 sentences2003Upon finding that the General Assembly intended the law to be civil and remedial rather than punitive, the Williams court examined the Mendoza-Martinez factors and noted that, while “neither exhaustive nor dispositive,” the list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” Williams, 574 Pa. 487 , 832 A.2d at 972 , citing United States v. Ward, 448 U.S. at 249, 100 S.Ct. at 2641; Smith, 538 U.S. at 249, 123 S.Ct. at 1147; Co 2003Upon finding that the General Assembly intended the law to be civil and remedial rather than punitive, the Williams court examined the Mendoza-Martinez factors and noted that, while “neither exhaustive nor dispositive,” the list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” Williams, 574 Pa. 487 , 832 A.2d at 972 , citing United States v. Ward, 448 U.S. at 249, 100 S.Ct. at 2641; Smith, 538 U.S. at 249, 123 S.Ct. at 1147; Co | 2 | 2 |
Commonwealth v. Wexlergreen2 sentences1983Id., 270 Pa.Superior at 358, 411 A.2d at 759 . *89 In Commonwealth v. Wexler, 494 Pa. 325 , 431 A.2d 877 (1981), our Supreme Court noted that this list of factors was not necessarily exclusive nor exhaustive, that other factors may require examination in particular cases. 1983Id., 270 Pa.Superior at 358, 411 A.2d at 759 . *89 In Commonwealth v. Wexler, 494 Pa. 325 , 431 A.2d 877 (1981), our Supreme Court noted that this list of factors was not necessarily exclusive nor exhaustive, that other factors may require examination in particular cases. | 1 | 3 |
Harmon v. Richardsongreen2 sentences2023In United States v. Tortora, 464 F.2d 1202 (2d Cir.), cert. denied, 409 U.S. 1063 … (1972), the Court of Appeals for the Second Circuit set forth a list of factors the trial court must balance before exercising its discretion to proceed with trial in the defendant’s absence: [T]he likelihood that the trial could soon take place with the defendant present; the difficulty of rescheduling, particularly in multiple-defendant trials; the burden on the Government in having to undertake two trials[]…. -7- J-A18012-23 Id. at 1210. 2023In United States v. Tortora, 464 F.2d 1202 (2d Cir.), cert. denied, 409 U.S. 1063 … (1972), the Court of Appeals for the Second Circuit set forth a list of factors the trial court must balance before exercising its discretion to proceed with trial in the defendant’s absence: [T]he likelihood that the trial could soon take place with the defendant present; the difficulty of rescheduling, particularly in multiple-defendant trials; the burden on the Government in having to undertake two trials[]…. -7- J-A18012-23 Id. at 1210. | 1 | 2 |
Commonwealth v. Nixongreen2 sentences2015In concluding that the row home was adapted for overnight accommodation, see id. at 1247-48 , our Court explained, “[t]he Courts of this Commonwealth have not set forth either a test or a list of factors to be considered in determining whether a structure is adapted for overnight accommodation.” Id. at 1244 (footnote omitted). 2015In concluding that the row home was adapted for overnight accommodation, see id. at 1247-48 , our Court explained, “[t]he Courts of this Commonwealth have not set forth either a test or a list of factors to be considered in determining whether a structure is adapted for overnight accommodation.” Id. at 1244 (footnote omitted). | 1 | 2 |
Commonwealth v. Williamsgreen2 sentences2003Upon finding that the General Assembly intended the law to be civil and remedial rather than punitive, the Williams court examined the Mendoza-Martinez factors and noted that, while “neither exhaustive nor dispositive,” the list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” Williams, 574 Pa. 487 , 832 A.2d at 972 , citing United States v. Ward, 448 U.S. at 249, 100 S.Ct. at 2641; Smith, 538 U.S. at 249, 123 S.Ct. at 1147; Co 2003Upon finding that the General Assembly intended the law to be civil and remedial rather than punitive, the Williams court examined the Mendoza-Martinez factors and noted that, while “neither exhaustive nor dispositive,” the list of factors has proved helpful in considering whether a civil, remedial mechanism “nevertheless provide[s] for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” Williams, 574 Pa. 487 , 832 A.2d at 972 , citing United States v. Ward, 448 U.S. at 249, 100 S.Ct. at 2641; Smith, 538 U.S. at 249, 123 S.Ct. at 1147; Co | 1 | 2 |
Vanaman v. Cowgillgreen1 sentence2026See id. | 1 | 1 |
Powell v. EMIGRANT MORTGAGE COMPANY, INC.green1 sentence2025Section 6351(f)(9) “is merely one of a number of factors a trial court must consider in ultimately determining whether[, or not,] the current placement is appropriate[.]” In re R.J.T., 9 A.3d 1179, 1190 (Pa. 2010). | 1 | 1 |
E.B. v. D.B.green1 sentence2025See E.B. v. D.B., 209 A.3d 451, 460 (Pa. Super. 2019); 23 Pa.C.S.A. § 5328 (“In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors,” including the sixteen enumerated factors, “giving weighted consideration to those factors which affect the safety of the child.”).10 ____________________________________________ 10At the time of these custody proceedings, the list of factors set forth at Section 5328(a) included only the elements set forth above. | 1 | 1 |
COM. EX REL. BARNES v. Pennsylvania Department of Correctionsgreen1 sentence2023As such, I would conclude that the ____________________________________________ 2 Reasonable suspicion depends on a “totality of the circumstances.” Interest of T.W., 261 A.3d 409 , 423 (Pa. 2021) (citing Commonwealth v. Brown, 996 A.2d 473, 477 (Pa. 2010)). | 1 | 1 |
Voyles v. Corwingreen1 sentence2020See Neal, supra at 1027 (quoting Voyles v. Corwin, 441 A.2d 381, 383 (Pa.Super. 1982)). | 1 | 1 |
Neal v. Bavarian Motors, Inc.green1 sentence2020See Neal, supra at 1027 (quoting Voyles v. Corwin, 441 A.2d 381, 383 (Pa.Super. 1982)). | 1 | 1 |
In the Interest of: A.N.P., a Minor Appeal of: E.green1 sentence2019Furthermore, contrary to Mother’s assertion, the list of factors for a trial court to consider when ruling on a goal change petition does not include whether “an emotional bond is present between parent and child.” Id.; see A.N.P., 155 A.3d at 67 (“When considering a petition for goal change for a dependent child, the trial court considers: the continuing necessity for and appropriateness of the placement; the extent of compliance with the service plan developed for the child; the extent of progress made towards alleviating the circumstances which necessitated the original placement; the appro | 1 | 1 |
| Ressler v. Resslergreen | 1 | 1 |
| Commonwealth v. Knoxgreen | 1 | 1 |
| E.D. v. M.P.green | 1 | 1 |
| Tech One Associates v. Board of Property Assessment, Appeals & Reviewgreen | 1 | 1 |
| Regina Polselli Rudolph R. Polselli (Intervenor-Plaintiff in d.c.) v. Nationwide Mutual Fire Insurance Company. Regina Polselligreen | 1 | 1 |
| Smith v. Doegreen | 1 | 1 |
| United States v. Wardgreen | 1 | 1 |
| State v. Eppingergreen | 1 | 1 |
| Diamond v. Diamondgreen | 1 | 1 |
| LaRocca Estategreen | 1 | 1 |
| Commonwealth v. Blaiklockgreen | 1 | 1 |
| Weissman v. Weissmangreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Xinda Wang v. Zhiping Feng
green
2 sentences2023While the list of factors in Section 3502 serves as a guideline for consideration, the list is “neither exhaustive nor specific as to the weight to be given the various factors.” Id. (citation omitted). 2021The method of distribution derives from the facts of the individual case.” Id. (citations omitted) “The list of factors [enumerated in Section 3502(a)] serves as a guideline for consideration, although the list is neither exhaustive nor specific as to the weight to be given the various factors. | 11 | 2019–2026 |
M.J.M. v. M.L.G.
green
2 sentences2025In M.J.M., this Court recognized that our General Assembly enacted “major revisions” to the Child Custody Act in 2011, which included the addition of section 5328, which, as discussed above, “sets forth a list of factors that a trial court must consider when making a custody determination.” Id. at 338 . 2023Jordan v. Jordan, 448 A.2d 1113 , -6- J-A21020-23 1115 (Pa. Super. 1982), where this Court held that in cases involving an award of primary custody “where two natural parents are both fit, and the child is of tender years, the trial court must give positive consideration to the parent who has been the primary caretaker.” Thirty years later in M.J.M., this Court recognized that our legislature implemented “major revisions” to the Custody Act in 2011, including the addition of Section 5328, which, as discussed above, “sets forth a list of factors that a trial court must consider when making a cu | 2 | 2023–2025 |
United States v. John Tortora, United States of America v. Samuel Santoro
green
2 sentences2023In United States v. Tortora, 464 F.2d 1202 (2d Cir.), cert. denied, 409 U.S. 1063 … (1972), the Court of Appeals for the Second Circuit set forth a list of factors the trial court must balance before exercising its discretion to proceed with trial in the defendant’s absence: [T]he likelihood that the trial could soon take place with the defendant present; the difficulty of rescheduling, particularly in multiple-defendant trials; the burden on the Government in having to undertake two trials[]…. -7- J-A18012-23 Id. at 1210. 1999Commonwealth v. Bond, supra at 223 (citing Commonwealth v. Sullens, supra). ¶ 8 In United States v. Tortora, 464 F.2d 1202 (2d Cir.), cert. denied, 409 U.S. 1063 , 93 S.Ct. 554 , 34 L.Ed.2d 516 (1972), the Court of Appeals for the Second Circuit set forth a list of factors the trial court must balance before exercising its discretion to proceed with trial in the defendant’s absence: [T]he likelihood that the trial could soon take place with the defendant present; the difficulty of rescheduling, particularly in multiple-defendant trials; the burden on the Government in having to undertake two t | 2 | 1999–2023 |
Commonwealth v. Wilson
green
2 sentences2023Our Supreme Court adopted the Tortora test in Commonwealth v. Wilson, … 712 A.2d 735 ([Pa.] 1998), but emphasized that the list of factors was not exhaustive. 1999Our Supreme Court adopted the Tortora test in Commonwealth v. Wilson, 551 Pa. 593 , 712 A.2d 735 (1998), but emphasized that the list of factors was not exhaustive. 10 Moreover, Wilson held that the trial court is not required to postpone the trial in order to weigh such factors. | 2 | 1999–2023 |
Commonwealth v. Strafford
green
2 sentences2026Id. 194 A.3d at 173 . 2026Id. 194 A.3d at 173 . | 1 | 2026–2026 |
Commonwealth v. Belak
green
1 sentence2025After our Supreme Court’s decision in Butler, “the legislature amended section 9714(a)(1) by removing the presumption … found unconstitutional in Butler and requiring a mandatory minimum sentence of 10 years’ imprisonment if the defendant has one previous conviction for a crime of violence.” Commonwealth v. Belak, 825 A.2d 1252 , 1254 n.3 (Pa. 2003). | 1 | 2025–2025 |
Commonwealth v. Butler
green
1 sentence2025Butler, 760 A.2d at 332-33 ; see also id. at 333 (noting that former section 9714(c)(2) detailed a list of factors for the court to consider when conducting a subjective assessment of an offender’s potential future dangerousness, and thus, “resolution of competing facts presented at the post-trial proceeding, which is not governed by the rules of evidence, will most likely be outcome determinative.”). | 1 | 2025–2025 |
Treasure Lake Property Owners Ass'n v. Meyer
green
1 sentence2025Treasure Lake Property Owner' sAssociation Inc.. v. MUer. 832 A.2d 477 ( Pa. Super. 2003). | 1 | 2025–2025 |
Smith v. Smith
green
1 sentence2023AI No. ?P.019/034 019/034 to the weight weight to be given the various factors." Id. | 1 | 2023–2023 |
Commonwealth Ex Rel. Jordan v. Jordan
green
1 sentence2023Jordan v. Jordan, 448 A.2d 1113 , -6- J-A21020-23 1115 (Pa. Super. 1982), where this Court held that in cases involving an award of primary custody “where two natural parents are both fit, and the child is of tender years, the trial court must give positive consideration to the parent who has been the primary caretaker.” Thirty years later in M.J.M., this Court recognized that our legislature implemented “major revisions” to the Custody Act in 2011, including the addition of Section 5328, which, as discussed above, “sets forth a list of factors that a trial court must consider when making a cu | 1 | 2023–2023 |
Commonwealth v. Santiago
green
1 sentence2022The OAJC emphasized that this list of factors is not exhaustive and expressly stated that if the PCRA court “finds some other type of evidence helpful in resolving whether a retrospective hearing may be held, the [] court may receive such evidence.” Id. | 1 | 2022–2022 |
Clemons v. Pennsylvania
neutral
1 sentence2021See Pa.R.Crim.P. 607(A)(3). - 15 - J-A28039-20 against a finding of the specific intent to kill[,]” including: (1) no motive was presented by the Commonwealth or developed during trial; (2) Appellant “is not known to have violent tendencies;” (3) Appellant and Victim were friends, and Appellant’s teenaged daughters also considered Victim a friend; and (4) Appellant did not “try to hide his actions” from the surveillance camera, nor flee the scene, both of which tend to show he “did not believe his actions were unlawful.” Id. | 1 | 2021–2021 |
Commonwealth v. Soto
green
1 sentence2020Considering the trial court’s instruction on credibility and the fact that the jury was made aware that the five prosecution witnesses had an interest in testifying for the Commonwealth, we find the trial court’s instructions “adequately, accurately and clearly present[ed] the law to the jury, and [were] sufficient to guide the jury in its deliberations.” Soto, supra. Accordingly, we conclude that Appellant is not entitled to relief. -8- J-S18041-20 For the foregoing reasons, we affirm. | 1 | 2020–2020 |
J.K. v. W.L.K.
green
1 sentence2020J.K., 102 A.3d at 516-17 ; 23 Pa.C.S.A. § 5427(b). | 1 | 2020–2020 |
| Commonwealth v. Tyson green | 1 | 2018–2018 |
| Commonwealth v. Batts green | 1 | 2017–2017 |
| Burger v. Board of School Directors green | 1 | 2016–2016 |
| United States v. One Assortment of 89 Firearms green | 1 | 2014–2014 |
| Lumax Industries, Inc. v. Aultman green | 1 | 2012–2012 |
| Krebs v. United Refining Co. of Pennsylvania green | 1 | 2011–2011 |
| Commonwealth v. Alexander green | 1 | 2010–2010 |
| Blankenship v. State green | 1 | 2010–2010 |
| Rooney v. First Wisconsin National Bank of Milwaukee green | 1 | 1999–1999 |
| Robinson v. McCorkle green | 1 | 1999–1999 |
| Commonwealth v. Bond green | 1 | 1999–1999 |
| Dambacher by Dambacher v. Mallis green | 1 | 1997–1997 |
| Blystone v. Pennsylvania green | 1 | 1992–1992 |
| Commonwealth v. Casper green | 1 | 1992–1992 |
| Semasek v. Semasek green | 1 | 1990–1990 |
| Sheaffer v. Commonwealth, Unemployment Compensation Board of Review green | 1 | 1989–1989 |
| Ferguson v. Ferguson green | 1 | 1989–1989 |
| Commonwealth v. Iacino green | 1 | 1983–1983 |
| Commonwealth v. Marsh green | 1 | 1981–1981 |
| Commonwealth v. Ashley green | 1 | 1981–1981 |
| Downes v. HODIN green | 1 | 1959–1959 |
| Russ Soda Fountain Co. v. Victor Pastry Shoppe, Inc. neutral | 1 | 1959–1959 |
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.