has no fixed standard (Pennsylvania) · Go Syfert
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has no fixed standard in Pennsylvania

9 Pennsylvania opinions name it 2 courts 1981–2025 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.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Smithgreen
pasuperct · 2002 · cited in 4 Pennsylvania opinions naming this issue, 2020–2025
2 sentences

2025“In determining whether the evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances.” Commonwealth v. Smith, 808 A.2d 215, 225 (Pa. Super. 2002).

2024See also Commonwealth v. Knowles, 637 A.2d 331, 333 (Pa.Super. 1994) (stating, “Whether evidence is too remote in time to be probative … is largely within the discretion of the trial court”); Commonwealth v. Smith, 808 A.2d 215, 225 (Pa.Super. 2002) (stating, “In determining whether the evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances”).

44
Commonwealth v. Ulatoskigreen
pa · 1977 · cited in 2 Pennsylvania opinions naming this issue, 2020–2020
2 sentences

2020See Commonwealth v. Smith, 808 A.2d 215, 225 (Pa. Super. 2002) (“In determining whether the evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances.”) Pennsylvania Courts have specifically addressed the admission of evidence of the prior marital relationship between a defendant and a homicide victim in conjunction with remoteness: “[E]vidence concerning the nature of the marital relationship is admissible for t

2020See Commonwealth v. Smith, 808 A.2d 215, 225 (Pa. Super. 2002) (“In determining whether the evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances.”) Pennsylvania Courts have specifically addressed the admission of evidence of the prior marital relationship between a defendant and a homicide victim in conjunction with remoteness: “[E]vidence concerning the nature of the marital relationship is admissible for t

22
Commonwealth v. Clarkgreen
pasuperct · 1981 · cited in 3 Pennsylvania opinions naming this issue, 1991–2002
2 sentences

2002“In determining whether the evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances.” Commonwealth v. Clark, 280 Pa.Super. 1 , 421 A.2d 374, 376 (1980), affirmed, 461 A.2d 794 (Pa.1983). ¶ 22 In the case sub judice, Appellant testified on her own behalf and stated that she had no recollection of her whereabouts or actions prior to the collision or even of the collision itself.

2002“In determining whether the evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances.” Commonwealth v. Clark, 280 Pa.Super. 1 , 421 A.2d 374, 376 (1980), affirmed, 461 A.2d 794 (Pa.1983). ¶ 22 In the case sub judice, Appellant testified on her own behalf and stated that she had no recollection of her whereabouts or actions prior to the collision or even of the collision itself.

13
Commonwealth v. Knowlesgreen
pasuperct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See also Commonwealth v. Knowles, 637 A.2d 331, 333 (Pa.Super. 1994) (stating, “Whether evidence is too remote in time to be probative … is largely within the discretion of the trial court”); Commonwealth v. Smith, 808 A.2d 215, 225 (Pa.Super. 2002) (stating, “In determining whether the evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Commonwealth v. Kinnard green
pasuperct · 1974
2 sentences

1994As stated in Commonwealth v. Clark, 280 Pa. Super. 1 , 421 A.2d 374 (1980), “[i]n determining whether evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances.” Id. at 7 , 421 A.2d at 376 , citing Commonwealth v. Kinnard, 230 Pa. Super. 134 , 326 A.2d 541 (1974).

1994As stated in Commonwealth v. Clark, 280 Pa. Super. 1 , 421 A.2d 374 (1980), “[i]n determining whether evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances.” Id. at 7 , 421 A.2d at 376 , citing Commonwealth v. Kinnard, 230 Pa. Super. 134 , 326 A.2d 541 (1974).

41981–1994
Com. v. Clark green
pa · 1983
1 sentence

2002“In determining whether the evidence is so remote that the prejudicial effect outweighs the probative value, the court has no fixed standard on which to rely, but must instead consider the nature of the crime, the evidence being offered, and all attendant circumstances.” Commonwealth v. Clark, 280 Pa.Super. 1 , 421 A.2d 374, 376 (1980), affirmed, 461 A.2d 794 (Pa.1983). ¶ 22 In the case sub judice, Appellant testified on her own behalf and stated that she had no recollection of her whereabouts or actions prior to the collision or even of the collision itself.

12002–2002

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 2501 (3)

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.

Where else courts name it

AL 12 (2006–2025) PA 9 (1981–2025)

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.

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