Moury test (Pennsylvania) · Go Syfert
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Moury test in Pennsylvania

9 Pennsylvania opinions name it 1 courts 2014–2023 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 (5)

CaseFollowedCited
Commonwealth v. Kennergreen
pasuperct · 2001 · cited in 5 Pennsylvania opinions naming this issue, 2015–2023
2 sentences

2023See Commonwealth v. Kenner, 784 A.2d 808, 811 (Pa. Super. 2001), appeal denied, 796 A.2d 979 (Pa. 2002). -3- J-S45028-22 Here, Appellant has satisfied the first three requirements of the four- part Moury test.

2023See Commonwealth v. Kenner, 784 A.2d 808, 811 (Pa. Super. 2001), appeal denied, 796 A.2d 979 (Pa. 2002). -3- J-S45028-22 Here, Appellant has satisfied the first three requirements of the four- part Moury test.

55
Forbes v. Pennsylvania Department of Correctionsgreen
pa · 2008 · cited in 2 Pennsylvania opinions naming this issue, 2014–2018
2 sentences

2018Appellant filed a timely appeal to this Court, preserved the issue on appeal through his post-sentence motions, and submitted a Pa.R.A.P. 2119 statement in his brief. - 15 - J-S76020-17 Turning to the fourth requirement, we have found that a substantial question exists “when the appellant advances a colorable argument that the sentencing judge's actions were either: (1) inconsistent with a specific provision of the Sentencing Code; or (2) contrary to the fundamental norms which underlie the sentencing process.” Commonwealth v. Phillips, 946 A.2d 103, 112 (Pa. Super. 2008).

2018Appellant filed a timely appeal to this Court, preserved the issue on appeal through his post-sentence motions, and submitted a Pa.R.A.P. 2119 statement in his brief. - 15 - J-S76020-17 Turning to the fourth requirement, we have found that a substantial question exists “when the appellant advances a colorable argument that the sentencing judge's actions were either: (1) inconsistent with a specific provision of the Sentencing Code; or (2) contrary to the fundamental norms which underlie the sentencing process.” Commonwealth v. Phillips, 946 A.2d 103, 112 (Pa. Super. 2008).

22
Commonwealth v. Cunninghamgreen
pasuperct · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Commonwealth v. Bowen, 55 A.3d 1254, 1263 (Pa. Super. 2012) (quoting Commonwealth v. Cunningham, 805 A.2d 566, 575 (Pa. Super. 2002)), appeal denied, 64 A.3d 630 (Pa. 2013). - 15 - J-A16024-20 Here, Appellant has satisfied the first three requirements of the four- part Moury test.

11
Commonwealth v. Bowengreen
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Commonwealth v. Bowen, 55 A.3d 1254, 1263 (Pa. Super. 2012) (quoting Commonwealth v. Cunningham, 805 A.2d 566, 575 (Pa. Super. 2002)), appeal denied, 64 A.3d 630 (Pa. 2013). - 15 - J-A16024-20 Here, Appellant has satisfied the first three requirements of the four- part Moury test.

11
Commonwealth v. Buterbaughgreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Commonwealth v. Buterbaugh, 91 A.3d 1247, 1266 (Pa. Super. 2014) (en banc), appeal denied, 104 A.3d 1 (Pa. 2014). 5 We note that Appellant also failed to meet the third part of Moury test by not including a Pa.R.A.P. 2119(f) statement in his brief.

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 (1)

CaseCitedYears
Com. v. Phillips green
pa · 2009
1 sentence

2014Appellant filed a timely appeal to this Court, preserved the issue on appeal through his motion to reconsider the sentence, and included a Pa.R.A.P. 2119(f) statement in his brief.1 Thus, we must determine only if advances a colorable argument that the senten either: (1) inconsistent with a specific provision of the Sentencing Code; or (2) contrary to the fundamental norms which underlie the sentencing Commonwealth v. Phillips, 946 A.2d 103, 112 (Pa. Super. 2008) (citation omitted), appeal denied, 964 A.2d 895 (Pa. 2009).

12014–2014

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