infancy defense (Pennsylvania) · Go Syfert
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infancy defense in Pennsylvania

9 Pennsylvania opinions name it 1 courts 1991–2024 3 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 (3)

CaseFollowedCited
Commonwealth v. Martzgreen
pasuperct · 2015 · cited in 5 Pennsylvania opinions naming this issue, 2020–2024
2 sentences

2024See Commonwealth v. Martz, 118 A.3d 1175, 1180-81 (Pa. Super. 2015) (noting that, while the infancy defense has been abrogated in delinquency proceedings, it remains a viable defense in criminal cases not proceeding under the Juvenile Act).

2024See Commonwealth v. Martz, 118 A.3d 1175, 1180-81 (Pa. Super. 2015) (noting that, while the infancy defense has been abrogated in delinquency proceedings, it remains a viable defense in criminal cases not proceeding under the Juvenile Act).

15
In the Interest of G.T.green
pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015The purpose of the infancy defense is to “protect children from retribution in recognition of their -inability to differentiate right from wrong.” In the Interest of G.T., 409 Pa.Super. 15 , 597 A.2d 638, 641-642 (1991) (.en banc).

2015The purpose of the infancy defense is to “protect children from retribution in recognition of their -inability to differentiate right from wrong.” In the Interest of G.T., 409 Pa.Super. 15 , 597 A.2d 638, 641-642 (1991) (.en banc).

11
Commonwealth v. Cavaliergreen
pa · 1925 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015Commonwealth v. Cavalier, 284 Pa. 311 , 131 A. 229, 234 (1925). 8 • Despite this longstanding adherence to the infancy defense in Pennsylvania, this Court held in Interest of G.T. that the common law defense of infancy was “irrelevant in determinations of delinquency in our juvenile justice system.” Interest of G.T., 597 A.2d. at 643 .

2015Commonwealth v. Cavalier, 284 Pa. 311 , 131 A. 229, 234 (1925). 8 • Despite this longstanding adherence to the infancy defense in Pennsylvania, this Court held in Interest of G.T. that the common law defense of infancy was “irrelevant in determinations of delinquency in our juvenile justice system.” Interest of G.T., 597 A.2d. at 643 .

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Commonwealth v. Martzgreen
pasuperct · 2015 · cited in 5 Pennsylvania opinions naming this issue, 2020–2024
2 sentences

2024See Commonwealth v. Martz, 118 A.3d 1175, 1180-81 (Pa. Super. 2015) (noting that, while the infancy defense has been abrogated in delinquency proceedings, it remains a viable defense in criminal cases not proceeding under the Juvenile Act).

2024See Commonwealth v. Martz, 118 A.3d 1175, 1180-81 (Pa. Super. 2015) (noting that, while the infancy defense has been abrogated in delinquency proceedings, it remains a viable defense in criminal cases not proceeding under the Juvenile Act).

25

Also cited on this issue (2)

CaseCitedYears
Commonwealth v. Green green
pa · 1959
2 sentences

2020We have previously held that the infancy defense remains a presumption in criminal proceedings, although “such presumption is subject to refutation....” Green, 151 A.2d at 246 . ...

2020We have previously held that the infancy defense remains a presumption in criminal proceedings, although “such presumption is subject to refutation....” Green, 151 A.2d at 246 . ...

32015–2020
Commonwealth v. Durham green
pasuperct · 1978
2 sentences

1991To the extent that Commonwealth v. Durham, 255 Pa.Super. 539 , 389 A.2d 108 (1978) (en banc), a case which permitted the infancy defense in a proceeding under the former Juvenile Act, may be relied upon for a contrary result, it is expressly overruled by our decision today.

1991To the extent that Commonwealth v. Durham, 255 Pa.Super. 539 , 389 A.2d 108 (1978) (en banc), a case which permitted the infancy defense in a proceeding under the former Juvenile Act, may be relied upon for a contrary result, it is expressly overruled by our decision today.

31991–1991

Where else courts name it

PA 9 (1991–2024) WA 8 (1987–2026) NY 3 (1979–2021) NJ 3 (2001–2024) CT 2 (2019–2019) WI 2 (1995–2025) MD 2 (1988–1991)

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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