9 Pennsylvania opinions name it 6 courts 1942–2023 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 |
|---|---|---|
Com. v. Clary, T.green1 sentence2023Commonwealth v. Bankes, 286 A.3d 1302, 1310 (Pa. Super. 2022) (quoting Commonwealth v. Clary, 226 A.3d 571, 581 (Pa. Super. 2020)). | 1 | 1 |
Com. v. Bankes, A.green1 sentence2023Commonwealth v. Bankes, 286 A.3d 1302, 1310 (Pa. Super. 2022) (quoting Commonwealth v. Clary, 226 A.3d 571, 581 (Pa. Super. 2020)). | 1 | 1 |
Commonwealth v. Deppellergreen2 sentences1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly 1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly | 1 | 1 |
Commonwealth v. Broomegreen2 sentences1997This court also follows the rule that in order to properly certify a juvenile as an adult the “ ‘statement should be sufficient to demonstrate that ... the question [of certification] has received the careful consideration of the Juvenile Court; and it must set forth the basis for the order with sufficient specificity to permit meaningful review.’ ” Commonwealth v. Broome, 317 Pa.Super. 1, 3 , 463 A.2d 1053, 1053 (1983) (quoting Kent v. United States, 383 U.S. 541, 561 , 86 S.Ct. 1045, 1057 , 16 L.Ed.2d 84 (1966). 1997This court also follows the rule that in order to properly certify a juvenile as an adult the “ ‘statement should be sufficient to demonstrate that ... the question [of certification] has received the careful consideration of the Juvenile Court; and it must set forth the basis for the order with sufficient specificity to permit meaningful review.’ ” Commonwealth v. Broome, 317 Pa.Super. 1, 3 , 463 A.2d 1053, 1053 (1983) (quoting Kent v. United States, 383 U.S. 541, 561 , 86 S.Ct. 1045, 1057 , 16 L.Ed.2d 84 (1966). | 1 | 1 |
Commonwealth v. Sandersgreen2 sentences1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly 1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly | 1 | 1 |
Commonwealth v. McDonaldgreen2 sentences1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly 1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Henderson
green
2 sentences1995This follows the test applied by Mr. Justice Rehnquist for the Court in Schneble v. Florida, 405 U.S. 427, 431 , 92 S.Ct. 1056, 1059 , 31 L.Ed.2d 340 (1972), where the improper admission of a co-defendant’s confession was held harmless because the evidence supporting the prosecution’s theory was “overwhelming” and “not contradicted by any other evidence in the case.” In Commonwealth v. Henderson, 456 Pa. 234 , 317 A.2d 288 (1974), this Court, per Mr. Justice Eagen (now Chief Justice), held an error not harmless under the overwhelming evidence test because there was evidence in the case which c 1995This follows the test applied by Mr. Justice Rehnquist for the Court in Schneble v. Florida, 405 U.S. 427, 431 , 92 S.Ct. 1056, 1059 , 31 L.Ed.2d 340 (1972), where the improper admission of a co-defendant’s confession was held harmless because the evidence supporting the prosecution’s theory was “overwhelming” and “not contradicted by any other evidence in the case.” In Commonwealth v. Henderson, 456 Pa. 234 , 317 A.2d 288 (1974), this Court, per Mr. Justice Eagen (now Chief Justice), held an error not harmless under the overwhelming evidence test because there was evidence in the case which c | 2 | 1978–1995 |
Commonwealth v. Camm
green
2 sentences1995In that case, we distinguished Commonwealth v. Camm, 443 Pa. 253 , 277 A.2d 325 , cert. denied, 405 U.S. 1046 , 92 S.Ct. 1320 , 31 L.Ed.2d 589 (1972) (holding an error harmless), because in Camm “there was no evidence that could have supported acquittal.” 443 Pa. at 268-69 , 277 A.2d at 333 , quoted at 456 Pa. at 242 , 317 A.2d at 293 . 1995In that case, we distinguished Commonwealth v. Camm, 443 Pa. 253 , 277 A.2d 325 , cert. denied, 405 U.S. 1046 , 92 S.Ct. 1320 , 31 L.Ed.2d 589 (1972) (holding an error harmless), because in Camm “there was no evidence that could have supported acquittal.” 443 Pa. at 268-69 , 277 A.2d at 333 , quoted at 456 Pa. at 242 , 317 A.2d at 293 . | 2 | 1978–1995 |
Schneble v. Florida
green
2 sentences1995This follows the test applied by Mr. Justice Rehnquist for the Court in Schneble v. Florida, 405 U.S. 427, 431 , 92 S.Ct. 1056, 1059 , 31 L.Ed.2d 340 (1972), where the improper admission of a co-defendant’s confession was held harmless because the evidence supporting the prosecution’s theory was “overwhelming” and “not contradicted by any other evidence in the case.” In Commonwealth v. Henderson, 456 Pa. 234 , 317 A.2d 288 (1974), this Court, per Mr. Justice Eagen (now Chief Justice), held an error not harmless under the overwhelming evidence test because there was evidence in the case which c 1995This follows the test applied by Mr. Justice Rehnquist for the Court in Schneble v. Florida, 405 U.S. 427, 431 , 92 S.Ct. 1056, 1059 , 31 L.Ed.2d 340 (1972), where the improper admission of a co-defendant’s confession was held harmless because the evidence supporting the prosecution’s theory was “overwhelming” and “not contradicted by any other evidence in the case.” In Commonwealth v. Henderson, 456 Pa. 234 , 317 A.2d 288 (1974), this Court, per Mr. Justice Eagen (now Chief Justice), held an error not harmless under the overwhelming evidence test because there was evidence in the case which c | 2 | 1978–1995 |
Manuel v. Salisbury
green
2 sentences1995In that case, we distinguished Commonwealth v. Camm, 443 Pa. 253 , 277 A.2d 325 , cert. denied, 405 U.S. 1046 , 92 S.Ct. 1320 , 31 L.Ed.2d 589 (1972) (holding an error harmless), because in Camm "there was no evidence that could have supported acquittal." 443 Pa. at 268-69 , 277 A.2d at 333 , quoted at 456 Pa. at 242 , 317 A.2d at 293 . 1995In that case, we distinguished Commonwealth v. Camm, 443 Pa. 253 , 277 A.2d 325 , cert. denied, 405 U.S. 1046 , 92 S.Ct. 1320 , 31 L.Ed.2d 589 (1972) (holding an error harmless), because in Camm “there was no evidence that could have supported acquittal.” 443 Pa. at 268-69 , 277 A.2d at 333 , quoted at 456 Pa. at 242 , 317 A.2d at 293 . | 2 | 1978–1995 |
McConnell v. Anderson
green
2 sentences1995In that case, we distinguished Commonwealth v. Camm, 443 Pa. 253 , 277 A.2d 325 , cert. denied, 405 U.S. 1046 , 92 S.Ct. 1320 , 31 L.Ed.2d 589 (1972) (holding an error harmless), because in Camm "there was no evidence that could have supported acquittal." 443 Pa. at 268-69 , 277 A.2d at 333 , quoted at 456 Pa. at 242 , 317 A.2d at 293 . 1995In that case, we distinguished Commonwealth v. Camm, 443 Pa. 253 , 277 A.2d 325 , cert. denied, 405 U.S. 1046 , 92 S.Ct. 1320 , 31 L.Ed.2d 589 (1972) (holding an error harmless), because in Camm “there was no evidence that could have supported acquittal.” 443 Pa. at 268-69 , 277 A.2d at 333 , quoted at 456 Pa. at 242 , 317 A.2d at 293 . | 2 | 1978–1995 |
Kincel v. Commonwealth Department of Transportation
green
2 sentences2007In Kincel v. Commonwealth, Department of Transportation, 867 A.2d 758 (Pa.Cmwlth.2005), this Court held that a State trooper could not sue the Department of Transportation for tort damages because he had collected workers' compensation for his injuries from his employer, the Commonwealth of Pennsylvania. . 2007In Kincel v. Commonwealth, Department of Transportation, 867 A.2d 758 (Pa.Cmwlth.2005), this Court held that a State trooper could not sue the Department of Transportation for tort damages because he had collected workers' compensation for his injuries from his employer, the Commonwealth of Pennsylvania. [12] Section 204(c) of the Commonwealth Attorneys Act, Act of October 15, 1980, P.L. 950, 71 P.S. § 732-204(c), provides in relevant part: The Attorney General shall represent the Commonwealth and all Commonwealth agencies in any action brought by or against the Commonwealth or its agencies. [ | 1 | 2007–2007 |
Kent v. United States
green
2 sentences1997This court also follows the rule that in order to properly certify a juvenile as an adult the “ ‘statement should be sufficient to demonstrate that ... the question [of certification] has received the careful consideration of the Juvenile Court; and it must set forth the basis for the order with sufficient specificity to permit meaningful review.’ ” Commonwealth v. Broome, 317 Pa.Super. 1, 3 , 463 A.2d 1053, 1053 (1983) (quoting Kent v. United States, 383 U.S. 541, 561 , 86 S.Ct. 1045, 1057 , 16 L.Ed.2d 84 (1966). 1997This court also follows the rule that in order to properly certify a juvenile as an adult the “ ‘statement should be sufficient to demonstrate that ... the question [of certification] has received the careful consideration of the Juvenile Court; and it must set forth the basis for the order with sufficient specificity to permit meaningful review.’ ” Commonwealth v. Broome, 317 Pa.Super. 1, 3 , 463 A.2d 1053, 1053 (1983) (quoting Kent v. United States, 383 U.S. 541, 561 , 86 S.Ct. 1045, 1057 , 16 L.Ed.2d 84 (1966). | 1 | 1997–1997 |
Hoch's Estate
green
1 sentence1957This follows the principle enunciated in Hoch’s Estate, 154 Pa. 417 , as follows: “The Intestate Laws must control questions of distribution arising upon the settlement of estates of testators as well as intestates, unless the testator has clearly provided a different mode in his will.” In his supplemental adjudication, the learned auditing judge questions the authority of these cases as well as of Simpson’s Estate, supra, and Bowen’s Estate, supra, in all of which the principle has been followed. | 1 | 1957–1957 |
Morrison v. American Surety Co.
green
1 sentence1955This follows from the principle that where several persons make an enforcible promise without showing a different intention the presumption is that the engagement is joint: Morrison v. American Surety Co. of N. Y., 224 Pa. 41 ; Mintz v. Tri-County Natural Gas Co., 259 Pa. 477 ; Yadusky et al. v. Shugars et al., 301 Pa. 99 ; Baldwin v. Ely, 127 Pa. Superior Ct. 110 ; 1 A. L. | 1 | 1955–1955 |
Mintz v. Tri-County Natural Gas Co.
green
1 sentence1955This follows from the principle that where several persons make an enforcible promise without showing a different intention the presumption is that the engagement is joint: Morrison v. American Surety Co. of N. Y., 224 Pa. 41 ; Mintz v. Tri-County Natural Gas Co., 259 Pa. 477 ; Yadusky et al. v. Shugars et al., 301 Pa. 99 ; Baldwin v. Ely, 127 Pa. Superior Ct. 110 ; 1 A. L. | 1 | 1955–1955 |
Yadusky v. Shugars
green
1 sentence1955This follows from the principle that where several persons make an enforcible promise without showing a different intention the presumption is that the engagement is joint: Morrison v. American Surety Co. of N. Y., 224 Pa. 41 ; Mintz v. Tri-County Natural Gas Co., 259 Pa. 477 ; Yadusky et al. v. Shugars et al., 301 Pa. 99 ; Baldwin v. Ely, 127 Pa. Superior Ct. 110 ; 1 A. L. | 1 | 1955–1955 |
Baldwin v. Ely
green
1 sentence1955This follows from the principle that where several persons make an enforcible promise without showing a different intention the presumption is that the engagement is joint: Morrison v. American Surety Co. of N. Y., 224 Pa. 41 ; Mintz v. Tri-County Natural Gas Co., 259 Pa. 477 ; Yadusky et al. v. Shugars et al., 301 Pa. 99 ; Baldwin v. Ely, 127 Pa. Superior Ct. 110 ; 1 A. L. | 1 | 1955–1955 |
Tronieri Unemployment Compensation Case
neutral
2 sentences1949Tronieri Unemployment Compensation Case, 164 Pa. Superior Ct. 435, 437 , 65 A. 2d 426 . 1949Tronieri Unemployment Compensation Case, 164 Pa. Superior Ct. 435, 437 , 65 A. 2d 426 . | 1 | 1949–1949 |
Church of the Holy Trinity v. United States
green
1 sentence1942“It is a familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the iritention of it makers”: Holy Trinity Church v. United States, 143 U. S. 457, 459 ." In the above ease the Church of the Holy Trinity in New York City entered into an agreement with E. | 1 | 1942–1942 |
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.