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9 Pennsylvania opinions name it 2 courts 1978–2025 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Bairdgreen1 sentence2025However, we note that even if eligible for relief, Ball’s issue would merit none, as this case is controlled by Commonwealth v. Baird , in which our Supreme Court held that the “general rule is that, where a period of delay is caused by the defendant’s willful failure to appear at a court proceeding of which he has notice, exclusion is warranted,” and that “if a defendant is deemed to have had reasonable notice of court proceedings, but fails to appear, the Commonwealth’s due diligence in attempting to locate him need not be assessed.” 975 A.2d 1113, 1118 (Pa. 2009). | 1 | 1 |
Oliver, J. v. Ball, L. v. Harmon, J.green1 sentence2023See, e.g., Oliver v. Ball, 136 A.3d 162 , 166 n.2 (Pa. Super. 2016) (concluding that an order entering compulsory nonsuit was a final order because the plaintiff “did not succeed against [the Ball defendants] on the underlying action, and as a result, [the Ball defendants’] claims [for indemnity and contribution] against the Hanna defendants became moot”). | 1 | 1 |
Commonwealth v. Flickgreen2 sentences2019Commonwealth v. Aick, 2002 PA Super 189 , 802 A.2d 620, 623 (Pa. Super. 5 It must be emphasized that those facts supported the Commonwealth's theory of felony murder and were summarized at the ball hearing and the plea hearing for which the defendant offered no dispute. 2019Commonwealth v. Aick, 2002 PA Super 189 , 802 A.2d 620, 623 (Pa. Super. 5 It must be emphasized that those facts supported the Commonwealth's theory of felony murder and were summarized at the ball hearing and the plea hearing for which the defendant offered no dispute. | 1 | 1 |
Commonwealth v. Dawsongreen1 sentence2014Commonwealth v. Dawson, 87 A.3d 825, 826-27 (Pa.Super.2014). | 1 | 1 |
Auman v. Juchniewitzgreen2 sentences1986See: McFarlane v. Hickman, 342 Pa.Super. 240 , 244 n. 1, 492 A.2d 740 , 742 n. 1 (1985); New London Oil Co. v. Ziegler, 336 Pa.Super. 380, 384 , 485 A.2d 1131, 1133 (1984); Auman v. Juchniewitz, 312 Pa.Super. 98, 100 , 458 A.2d 254, 255 (1983). 1986See: McFarlane v. Hickman, 342 Pa.Super. 240 , 244 n. 1, 492 A.2d 740 , 742 n. 1 (1985); New London Oil Co. v. Ziegler, 336 Pa.Super. 380, 384 , 485 A.2d 1131, 1133 (1984); Auman v. Juchniewitz, 312 Pa.Super. 98, 100 , 458 A.2d 254, 255 (1983). | 1 | 1 |
New London Oil Co., Inc. v. Zieglergreen2 sentences1986See: McFarlane v. Hickman, 342 Pa.Super. 240 , 244 n. 1, 492 A.2d 740 , 742 n. 1 (1985); New London Oil Co. v. Ziegler, 336 Pa.Super. 380, 384 , 485 A.2d 1131, 1133 (1984); Auman v. Juchniewitz, 312 Pa.Super. 98, 100 , 458 A.2d 254, 255 (1983). 1986See: McFarlane v. Hickman, 342 Pa.Super. 240 , 244 n. 1, 492 A.2d 740 , 742 n. 1 (1985); New London Oil Co. v. Ziegler, 336 Pa.Super. 380, 384 , 485 A.2d 1131, 1133 (1984); Auman v. Juchniewitz, 312 Pa.Super. 98, 100 , 458 A.2d 254, 255 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Tateo
green
2 sentences1978Although waiver of jeopardy, continuing jeopardy, and other explanations have been proffered in support of the Ball rule allowing retrial to correct trial error, the United States Supreme Court decided in Burks v. United States, *339 supra , that the most reasonable rationale was that advanced in United States v. Tateo, supra, 377 U.S. at 466 , 84 S.Ct. 1587 . 1978Although waiver of jeopardy, continuing jeopardy, and other explanations have been proffered in support of the Ball rule allowing retrial to correct trial error, the United States Supreme Court decided in Burks v. United States, *339 supra , that the most reasonable rationale was that advanced in United States v. Tateo, supra, 377 U.S. at 466 , 84 S.Ct. 1587 . | 2 | 1978–1978 |
Commonwealth v. Potter
green
2 sentences1978Mr. Justice Pomeroy, in his Opinion in Support of Affirmance in Commonwealth v. Potter, supra, 478 Pa. at 259 , 386 A.2d at 921-922 , recognized this view as the proper interpretation of Ball when applied to claims of prosecutorial misconduct which should bar retrial: “The question . . arises whether the fact that a new trial was the result of a decision by a reviewing court rather than the declaration of a mistrial by the trial judge requires that the exceptions to the Ball principle cannot be considered. 1978Mr. Justice Pomeroy, in his Opinion in Support of Affirmance in Commonwealth v. Potter, supra, 478 Pa. at 259 , 386 A.2d at 921-922 , recognized this view as the proper interpretation of Ball when applied to claims of prosecutorial misconduct which should bar retrial: “The question . . arises whether the fact that a new trial was the result of a decision by a reviewing court rather than the declaration of a mistrial by the trial judge requires that the exceptions to the Ball principle cannot be considered. | 2 | 1978–1978 |
McFarlane v. Hickman
green
2 sentences1986See: McFarlane v. Hickman, 342 Pa.Super. 240 , 244 n. 1, 492 A.2d 740 , 742 n. 1 (1985); New London Oil Co. v. Ziegler, 336 Pa.Super. 380, 384 , 485 A.2d 1131, 1133 (1984); Auman v. Juchniewitz, 312 Pa.Super. 98, 100 , 458 A.2d 254, 255 (1983). 1986See: McFarlane v. Hickman, 342 Pa.Super. 240 , 244 n. 1, 492 A.2d 740 , 742 n. 1 (1985); New London Oil Co. v. Ziegler, 336 Pa.Super. 380, 384 , 485 A.2d 1131, 1133 (1984); Auman v. Juchniewitz, 312 Pa.Super. 98, 100 , 458 A.2d 254, 255 (1983). | 1 | 1986–1986 |
United States v. Ball
green
2 sentences1978E. g., United States v. Ball, 163 U.S. 662 , 16 S.Ct. 1192 , 41 L.Ed. 300 (1896); United States v. Tateo, 377 U.S. 463 , 84 S.Ct. 1587 , 12 L.Ed.2d 448 (1964); Forman v. United States, 361 U.S. 416 , 80 S.Ct. 481 , 4 L.Ed.2d 412 (1960). 1978E. g., United States v. Ball, 163 U.S. 662 , 16 S.Ct. 1192 , 41 L.Ed. 300 (1896); United States v. Tateo, 377 U.S. 463 , 84 S.Ct. 1587 , 12 L.Ed.2d 448 (1964); Forman v. United States, 361 U.S. 416 , 80 S.Ct. 481 , 4 L.Ed.2d 412 (1960). | 1 | 1978–1978 |
Forman v. United States
green
2 sentences1978E. g., United States v. Ball, 163 U.S. 662 , 16 S.Ct. 1192 , 41 L.Ed. 300 (1896); United States v. Tateo, 377 U.S. 463 , 84 S.Ct. 1587 , 12 L.Ed.2d 448 (1964); Forman v. United States, 361 U.S. 416 , 80 S.Ct. 481 , 4 L.Ed.2d 412 (1960). 1978E. g., United States v. Ball, 163 U.S. 662 , 16 S.Ct. 1192 , 41 L.Ed. 300 (1896); United States v. Tateo, 377 U.S. 463 , 84 S.Ct. 1587 , 12 L.Ed.2d 448 (1964); Forman v. United States, 361 U.S. 416 , 80 S.Ct. 481 , 4 L.Ed.2d 412 (1960). | 1 | 1978–1978 |
Commonwealth v. Allen
green
2 sentences1978Some of appellant’s confusion can be traced to the Pennsylvania distinction between a modification of an “existing” sentence and the imposition of a new sentence upon retrial or vacation of the original sentence, Commonwealth v. Brown, 455 Pa. 274 , 314 A.2d 506 (1974); Commonwealth v. Allen, 443 Pa. 96 , 277 A.2d 803 (1971); Commonwealth v. Silverman, supra. This distinction is merely another way of separating those cases where the Ball principle is applicable from those where it is not. 1978Some of appellant’s confusion can be traced to the Pennsylvania distinction between a modification of an “existing” sentence and the imposition of a new sentence upon retrial or vacation of the original sentence, Commonwealth v. Brown, 455 Pa. 274 , 314 A.2d 506 (1974); Commonwealth v. Allen, 443 Pa. 96 , 277 A.2d 803 (1971); Commonwealth v. Silverman, supra. This distinction is merely another way of separating those cases where the Ball principle is applicable from those where it is not. | 1 | 1978–1978 |
United States v. Jorn
green
2 sentences1978To be sure, the Double Jeopardy Clause “represents a constitutional policy of finality for the defendant’s benefit in . criminal proceedings . [SJociety’s awareness of the heavy personal strain which a criminal trial represents for the individual defendant is manifested in the willingness to limit the Government to a single criminal proceeding to vindicate its very vital interest in the enforcement of criminal laws.” United States v. Jorn, supra, 400 U.S. at 479 , 91 S.Ct. at 554 , 27 L.Ed.2d at 553 . *258 But the Ball principle is nevertheless well established. 1978To be sure, the Double Jeopardy Clause “represents a constitutional policy of finality for the defendant’s benefit in . criminal proceedings . [SJociety’s awareness of the heavy personal strain which a criminal trial represents for the individual defendant is manifested in the willingness to limit the Government to a single criminal proceeding to vindicate its very vital interest in the enforcement of criminal laws.” United States v. Jorn, supra, 400 U.S. at 479 , 91 S.Ct. at 554 , 27 L.Ed.2d at 553 . *258 But the Ball principle is nevertheless well established. | 1 | 1978–1978 |
Commonwealth v. Brown
green
2 sentences1978Some of appellant’s confusion can be traced to the Pennsylvania distinction between a modification of an “existing” sentence and the imposition of a new sentence upon retrial or vacation of the original sentence, Commonwealth v. Brown, 455 Pa. 274 , 314 A.2d 506 (1974); Commonwealth v. Allen, 443 Pa. 96 , 277 A.2d 803 (1971); Commonwealth v. Silverman, supra. This distinction is merely another way of separating those cases where the Ball principle is applicable from those where it is not. 1978Some of appellant’s confusion can be traced to the Pennsylvania distinction between a modification of an “existing” sentence and the imposition of a new sentence upon retrial or vacation of the original sentence, Commonwealth v. Brown, 455 Pa. 274 , 314 A.2d 506 (1974); Commonwealth v. Allen, 443 Pa. 96 , 277 A.2d 803 (1971); Commonwealth v. Silverman, supra. This distinction is merely another way of separating those cases where the Ball principle is applicable from those where it is not. | 1 | 1978–1978 |
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.