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9 Pennsylvania opinions name it 3 courts 1841–2023 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. Maxwellgreen1 sentence2023Commonwealth v. Maxwell, 932 A.2d 941, 942 (Pa. Super. 2007). 8In Alabama v. Smith, 490 U.S. 794 (1989), the United States Supreme Court held that the presumption of vindictiveness in resentencing does not (Footnote Continued Next Page) - 21 - J-S14041-23 Court held that “it would be a flagrant violation of the Fourteenth Amendment for a state trial court to follow an announced practice of imposing a heavier sentence upon every reconvicted defendant for the explicit purpose of punishing the defendant for his having succeeded in getting his original conviction set aside.” Id. at 723-24 (emphasi | 1 | 1 |
Commonwealth v. Bellgreen1 sentence2019See Commonwealth v. Bell, 476 A.2d 439, 443 (Pa.Super. 1984) (“While we condemn such a flagrant violation of that rule, we will nonetheless address the numerous issues raised here.”). | 1 | 1 |
Commonwealth v. Burkegreen2 sentences2015As such, in my view, the court’s sanction was not an abuse of discretion., “Although not expressly included in-the-list of remedies, a trial court does have the discretion to dismiss the charges, but only for -the most extreme and egregious violations.” , Commonwealth v. Hemingway, 13 A.3d 491, 502 (Pa.Super.2011) (citing Commonwealth v. Burke, 566 Pa. 402 , 781 A.2d 1136, 1144 (2001)). 2015As such, in my view, the court’s sanction was not an abuse of discretion., “Although not expressly included in-the-list of remedies, a trial court does have the discretion to dismiss the charges, but only for -the most extreme and egregious violations.” , Commonwealth v. Hemingway, 13 A.3d 491, 502 (Pa.Super.2011) (citing Commonwealth v. Burke, 566 Pa. 402 , 781 A.2d 1136, 1144 (2001)). | 1 | 1 |
Commonwealth v. Hemingwaygreen1 sentence2015As such, in my view, the court’s sanction was not an abuse of discretion., “Although not expressly included in-the-list of remedies, a trial court does have the discretion to dismiss the charges, but only for -the most extreme and egregious violations.” , Commonwealth v. Hemingway, 13 A.3d 491, 502 (Pa.Super.2011) (citing Commonwealth v. Burke, 566 Pa. 402 , 781 A.2d 1136, 1144 (2001)). | 1 | 1 |
Allebach v. DEPT. OF FINANCE AND REVENUEgreen2 sentences2000Section 1928(b)(3) of the Statutory Construction Act, 1 Pa.C.S. § 1928(b)(3) provides that “[a]ll provisions of a statute of the classes hereafter enumerated shall be strictly construed ... provisions imposing taxes.” To expand a taxing provision beyond its plain meaning “would be a flagrant violation of the General Assembly’s dictate that we strictly construe taxing statutes.” See Allebach v. Department of Finance and Revenue, 546 Pa. 146, 151 , 683 A.2d 625, 629 (1996). 2000Section 1928(b)(3) of the Statutory Construction Act, 1 Pa.C.S. § 1928(b)(3) provides that “[a]ll provisions of a statute of the classes hereafter enumerated shall be strictly construed ... provisions imposing taxes.” To expand a taxing provision beyond its plain meaning “would be a flagrant violation of the General Assembly’s dictate that we strictly construe taxing statutes.” See Allebach v. Department of Finance and Revenue, 546 Pa. 146, 151 , 683 A.2d 625, 629 (1996). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alabama v. Smith
green
1 sentence2023Commonwealth v. Maxwell, 932 A.2d 941, 942 (Pa. Super. 2007). 8In Alabama v. Smith, 490 U.S. 794 (1989), the United States Supreme Court held that the presumption of vindictiveness in resentencing does not (Footnote Continued Next Page) - 21 - J-S14041-23 Court held that “it would be a flagrant violation of the Fourteenth Amendment for a state trial court to follow an announced practice of imposing a heavier sentence upon every reconvicted defendant for the explicit purpose of punishing the defendant for his having succeeded in getting his original conviction set aside.” Id. at 723-24 (emphasi | 1 | 2023–2023 |
Commonwealth v. Cappellini
green
1 sentence2015Appellant cites Commonwealth v. Cappellini, 690 A.2d 1220 (Pa.Super. 1997), and Commonwealth v. Riley, 384 A.2d 1333 (Pa.Super. 1978). | 1 | 2015–2015 |
Commonwealth v. Riley
green
1 sentence2015Appellant cites Commonwealth v. Cappellini, 690 A.2d 1220 (Pa.Super. 1997), and Commonwealth v. Riley, 384 A.2d 1333 (Pa.Super. 1978). | 1 | 2015–2015 |
Barker v. Altegra Credit Co. (In Re Barker)
green
1 sentence2006“Such self-dealing constitutes a flagrant violation *774 of the Broker’s fiduciary duties to the [borrower].” Id. | 1 | 2006–2006 |
Slovak-American Citizens Club of Oakview v. Commonwealth, Pennsylvania Liquor Control Board
green
2 sentences1993To do otherwise is a flagrant violation of due process and, in my view, an abuse of the PLCB’s discretion on the facts of this case. 2 I also believe that the majority’s reliance on Slovakr-American Citizens Club v. Pennsylvania Liquor Control Board, 120 Pa.Commonwealth Ct. 528, 549 A.2d 251 (1988), is inappropriate. 1993To do otherwise is a flagrant violation of due process and, in my view, an abuse of the PLCB's discretion on the facts of this case. [2] I also believe that the majority's reliance on Slovak-American Citizens Club v. Pennsylvania Liquor Control Board, 120 Pa.Commonwealth Ct. 528, 549 A.2d 251 (1988), is inappropriate. | 1 | 1993–1993 |
Wagner v. Philadelphia Rapid Transit Co.
green
2 sentences1947Co., 252 Pa. 354 , 97 A. 471 : “The law imposed a duty on the motorman of that car to look in the direction in which his car was proceeding and to keep it under proper control so as to avoid danger to pedestrians and others who might be in front of him”, and his failure to do so was “a flagrant violation of duty”. 1947Co., 252 Pa. 354 , 97 A. 471 : “The law imposed a duty on the motorman of that car to look in the direction in which his car was proceeding and to keep it under proper control so as to avoid danger to pedestrians and others who might be in front of him”, and his failure to do so was “a flagrant violation of duty”. | 1 | 1947–1947 |
Galliano v. East Penn Electric Co.
green
1 sentence1947In Galliano v. East Penn Electric Co., 303 Pa. 498, 503 , we said: “Having one’s car under control means having it under control that it can be stopped before doing injury to any person in any situation that is reasonably likely to arise under the circumstances.” In the Wagner case above cited the action of the court below in entering a nonsuit and later refusing to take it off because of the alleged contributory negligence of the victim in attempting to cross the street was reversed and it was held that the case was for the jury. *214 In Tancredi v. M. | 1 | 1947–1947 |
M'Ginn v. Holmes
neutral
1 sentence1841What avails it then that in an emergency, thus recklessly produced, the catastrophe might have been averted by the use of iron-pointed poles, when the production of the catastrophe was itself an act of negligence 1 In Hart v. Allen, ( 2 Watts, 121 ,) it was said, in analogy to the doctrine of insurance, that the sufficiency of the equipage is not to be measured by the exigencies of a crisis, but by its sufficiency to conduct the vessel safely to the place of its destination in the absence of extraordinary accidents; and the want of preparation for such a crisis can consequently still less just | 1 | 1841–1841 |
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.