9 Pennsylvania opinions name it 2 courts 1991–2021 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 |
|---|---|---|
Hurtt v. Stironegreen2 sentences2008Hurtt , at 498-99, 206 A.2d at 626-627 (footnote added). ¶ 19 Recognizing the distinction made between summary and non-summary offenses, the Supreme Court in Loughner v. Schmelzer, 421 Pa. 283 , 218 A.2d 768 (1966), concluded that evidence the plaintiff, in connection with an automobile accident, had been convicted of a summary traffic violation was inadmissible in a civil suit for damages arising out of the same traffic violation. 1998“In such cases, it is not obvious that the defendant has taken advantage of his day in court, and it would be unreasonable and unrealistic to say he waived that right as to a matter (civil liability), which was probably not within contemplation at the time of the conviction.” Folino, 523 Pa. at 536 , 568 A.2d at 173 (quoting Hurtt v. Stirone, 416 Pa. 493, 498-99 , 206 A.2d 624, 626-27 (1965)). | 2 | 2 |
Commonwealth v. Perfettogreen2 sentences2019Perfetto, 169 A.3d at 1116 . 2017See Commonwealth v. Perfetto, 2017 PA Super 281 (Pa.Super. filed August 30, 2017) (Dubow, J., dissenting, joined by Lazarus, J., and Bender, P.J.E.) (expressing view that, since Municipal Court has concurrent jurisdiction over summary and misdemeanor traffic offenses, the Commonwealth can bring all charges in one proceeding under § 110(1)(i)). -3- J-S75007-16 Therefore, in the context of compulsory joinder, where a defendant is charged with a summary traffic violation and a misdemeanor, the Title 75 summary offense must be disposed of in a proceeding in the Philadelphia Municipal Court Traffic | 1 | 3 |
Commonwealth v. Perfetto, M., Aplt.green1 sentence2021See Perfetto, 207 A.3d at 821 . | 1 | 1 |
D'Elia v. Folinogreen1 sentence2017D’Elia v. Folino, 933 A.2d 117, 123 (Pa.Super. 2007 (“The ‘coordinate jurisdiction rule’ requires that courts of the same jurisdiction cannot overrule each other’s decisions in the same case.”) (citation omitted)). | 1 | 1 |
Dickens v. Barnhartgreen1 sentence2008See Rox Coal Co. v. Workers’ Compensation Appeal Board, 570 Pa. 60 , 807 A.2d 906 (2002) (discussing Folino’s holding that a summary offense conviction is inadmissible unless the summary offense is a necessary operative fact in a felony or misdemeanor conviction); Dickens v. Barnhart, 711 A.2d 513, 516 (Pa.Super.1998) (holding the appellee’s conviction for a traffic offense was inadmissible in a civil trial since “issues like expediency and convenience, rather than guilt, often control trial technique in cases involving a summary traffic violation”); Stidham v. The Millvale Sportsmen’s Club, 4 | 1 | 1 |
Rox Coal Co. v. Workers' Compensation Appeal Boardgreen2 sentences2008See Rox Coal Co. v. Workers’ Compensation Appeal Board, 570 Pa. 60 , 807 A.2d 906 (2002) (discussing Folino’s holding that a summary offense conviction is inadmissible unless the summary offense is a necessary operative fact in a felony or misdemeanor conviction); Dickens v. Barnhart, 711 A.2d 513, 516 (Pa.Super.1998) (holding the appellee’s conviction for a traffic offense was inadmissible in a civil trial since “issues like expediency and convenience, rather than guilt, often control trial technique in cases involving a summary traffic violation”); Stidham v. The Millvale Sportsmen’s Club, 4 2008See Rox Coal Co. v. Workers’ Compensation Appeal Board, 570 Pa. 60 , 807 A.2d 906 (2002) (discussing Folino’s holding that a summary offense conviction is inadmissible unless the summary offense is a necessary operative fact in a felony or misdemeanor conviction); Dickens v. Barnhart, 711 A.2d 513, 516 (Pa.Super.1998) (holding the appellee’s conviction for a traffic offense was inadmissible in a civil trial since “issues like expediency and convenience, rather than guilt, often control trial technique in cases involving a summary traffic violation”); Stidham v. The Millvale Sportsmen’s Club, 4 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stidham v. Millvale Sportsmen's Club
green
2 sentences2008See Rox Coal Co. v. Workers’ Compensation Appeal Board, 570 Pa. 60 , 807 A.2d 906 (2002) (discussing Folino’s holding that a summary offense conviction is inadmissible unless the summary offense is a necessary operative fact in a felony or misdemeanor conviction); Dickens v. Barnhart, 711 A.2d 513, 516 (Pa.Super.1998) (holding the appellee’s conviction for a traffic offense was inadmissible in a civil trial since “issues like expediency and convenience, rather than guilt, often control trial technique in cases involving a summary traffic violation”); Stidham v. The Millvale Sportsmen’s Club, 4 2008See Rox Coal Co. v. Workers’ Compensation Appeal Board, 570 Pa. 60 , 807 A.2d 906 (2002) (discussing Folino’s holding that a summary offense conviction is inadmissible unless the summary offense is a necessary operative fact in a felony or misdemeanor conviction); Dickens v. Barnhart, 711 A.2d 513, 516 (Pa.Super.1998) (holding the appellee’s conviction for a traffic offense was inadmissible in a civil trial since “issues like expediency and convenience, rather than guilt, often control trial technique in cases involving a summary traffic violation”); Stidham v. The Millvale Sportsmen’s Club, 4 | 1 | 2008–2008 |
Loughner v. Schmelzer
green
2 sentences2008Hurtt , at 498-99, 206 A.2d at 626-627 (footnote added). ¶ 19 Recognizing the distinction made between summary and non-summary offenses, the Supreme Court in Loughner v. Schmelzer, 421 Pa. 283 , 218 A.2d 768 (1966), concluded that evidence the plaintiff, in connection with an automobile accident, had been convicted of a summary traffic violation was inadmissible in a civil suit for damages arising out of the same traffic violation. 2008Hurtt , at 498-99, 206 A.2d at 626-627 (footnote added). ¶ 19 Recognizing the distinction made between summary and non-summary offenses, the Supreme Court in Loughner v. Schmelzer, 421 Pa. 283 , 218 A.2d 768 (1966), concluded that evidence the plaintiff, in connection with an automobile accident, had been convicted of a summary traffic violation was inadmissible in a civil suit for damages arising out of the same traffic violation. | 1 | 2008–2008 |
Commonwealth v. McGrady
green
2 sentences2007Id. at 450 , 685 A.2d at 1010 . 2007Id. at 450 , 685 A.2d at 1010 . | 1 | 2007–2007 |
Folino v. Young
green
2 sentences1998“In such cases, it is not obvious that the defendant has taken advantage of his day in court, and it would be unreasonable and unrealistic to say he waived that right as to a matter (civil liability), which was probably not within contemplation at the time of the conviction.” Folino, 523 Pa. at 536 , 568 A.2d at 173 (quoting Hurtt v. Stirone, 416 Pa. 493, 498-99 , 206 A.2d 624, 626-27 (1965)). 1998“In such cases, it is not obvious that the defendant has taken advantage of his day in court, and it would be unreasonable and unrealistic to say he waived that right as to a matter (civil liability), which was probably not within contemplation at the time of the conviction.” Folino, 523 Pa. at 536 , 568 A.2d at 173 (quoting Hurtt v. Stirone, 416 Pa. 493, 498-99 , 206 A.2d 624, 626-27 (1965)). | 1 | 1998–1998 |
Grady v. Corbin
red
2 sentences1991Under the circumstances of this case and the recent United States Supreme Court pronouncements in this area, Grady v. Corbin, 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990), we conclude that prosecution for drunk driving violated Kline’s protection against twice being placed in jeopardy. 1991Under the circumstances of this case and the recent United States Supreme Court pronouncements in this area, Grady v. Corbin, 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990), we conclude that prosecution for drunk driving violated Kline’s protection against twice being placed in jeopardy. | 1 | 1991–1991 |
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.