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8 Pennsylvania opinions name it 2 courts 1980–2017 0 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 |
|---|---|---|
Commonwealth v. Coxgreen2 sentences2008As we recently explained in Commonwealth v. Duffey, 585 Pa. 493 , 889 A.2d 56, 71 (2005) and Cox, 863 A.2d at 554 , “an alleged Mills violation will not be available on collateral review in cases in which the alleged error occurred before the United States Supreme Court’s decision in Mills.” In this case, the allegedly erroneous instruction was given in 1986, before the Court’s 1988 decision in Mills . 2008As we recently explained in Commonwealth v. Duffey, 585 Pa. 493 , 889 A.2d 56, 71 (2005) and Cox, 863 A.2d at 554 , "an alleged Mills violation will not be available on collateral review in cases in which the alleged error occurred before the United States Supreme Court's decision in Mills . " In this case, the allegedly erroneous instruction was given in 1986, before the Court's 1988 decision in Mills . | 1 | 2 |
Chanthavong v. Trangreen1 sentence2017See Chanthavong v. Tran, 682 A.2d 334, 340 (Pa. Super. 1996) (holding that, “[t]o constitute reversible error, a jury instruction must not only be erroneous, but must also be harmful to the complaining party.”) (citations omitted)). | 1 | 1 |
Commonwealth v. Duffeygreen2 sentences2008As we recently explained in Commonwealth v. Duffey, 585 Pa. 493 , 889 A.2d 56, 71 (2005) and Cox, 863 A.2d at 554 , “an alleged Mills violation will not be available on collateral review in cases in which the alleged error occurred before the United States Supreme Court’s decision in Mills.” In this case, the allegedly erroneous instruction was given in 1986, before the Court’s 1988 decision in Mills . 2008As we recently explained in Commonwealth v. Duffey, 585 Pa. 493 , 889 A.2d 56, 71 (2005) and Cox, 863 A.2d at 554 , “an alleged Mills violation will not be available on collateral review in cases in which the alleged error occurred before the United States Supreme Court’s decision in Mills.” In this case, the allegedly erroneous instruction was given in 1986, before the Court’s 1988 decision in Mills . | 1 | 1 |
Commonwealth v. Englishgreen2 sentences1995As such, the issue falls prey to the waiver doctrine invoked when issue-preservation is ignored. 4 See Commonwealth v. English, 446 Pa.Super. 569 , 667 A.2d 1123, 1126-1127 (1995). 1995As such, the issue falls prey to the waiver doctrine invoked when issue-preservation is ignored. 4 See Commonwealth v. English, 446 Pa.Super. 569 , 667 A.2d 1123, 1126-1127 (1995). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Schriro v. Summerlin
green
2 sentences2005As it concerns the penalty phase, Appellant contends that his counsel was ineffective for failing to object: (1) to the trial court's intermittent use of plural and singular form of the word "circumstance" during the jury instructions; (2) to a comment made by the prosecutor during the penalty phase closing argument indicating that Appellant had shown no remorse for the murder; and (3) to an allegedly erroneous instruction given by the trial court, which allowed the jury to consider the testimony of Norma Winn and Loretta Johnson as "victim impact evidence." [32] Recently, the United States Su 2005As it concerns the penalty phase, Appellant contends that his counsel was ineffective for failing to object: (1) to the trial court's intermittent use of plural and singular form of the word "circumstance" during the jury instructions; (2) to a comment made by the prosecutor during the penalty phase closing argument indicating that Appellant had shown no remorse for the murder; and (3) to an allegedly erroneous instruction given by the trial court, which allowed the jury to consider the testimony of Norma Winn and Loretta Johnson as "victim impact evidence." [32] Recently, the United States Su | 1 | 2005–2005 |
Commonwealth v. Salameh
green
2 sentences1996The first three issues center around the allegedly erroneous instruction to the jury to convict under Subsection 14 of Section 780-113 being at odds with Commonwealth v. Salameh, 421 Pa.Super. 320 , 617 A.2d 1314 (1992), trial counsel’s failure to object as proof of ineffectiveness and the prosecution’s engagement in misconduct in failing to bring this decision to the trial court’s attention. 1996The first three issues center around the allegedly erroneous instruction to the jury to convict under Subsection 14 of Section 780-113 being at odds with Commonwealth v. Salameh, 421 Pa.Super. 320 , 617 A.2d 1314 (1992), trial counsel’s failure to object as proof of ineffectiveness and the prosecution’s engagement in misconduct in failing to bring this decision to the trial court’s attention. | 1 | 1996–1996 |
Commonwealth v. Culmer
green
2 sentences1988Appellant argues that the charge should have been: “The specific intent to kill necessary to support a conviction of first degree murder may be inferred from the intentional use of a deadly weapon on a vital part of the body of another human being,” citing Commonwealth v. Culmer, 463 Pa. 189 , 344 A.2d 487 (1975). 1988Appellant argues that the charge should have been: “The specific intent to kill necessary to support a conviction of first degree murder may be inferred from the intentional use of a deadly weapon on a vital part of the body of another human being,” citing Commonwealth v. Culmer, 463 Pa. 189 , 344 A.2d 487 (1975). | 1 | 1988–1988 |
Commonwealth v. Stoltzfus
green
2 sentences1980Moreover, reading the charge as a whole, as we must, Commonwealth v. Stoltzfus, 462 Pa. 43 , 337 A.2d 873 (1975), we are convinced the jurors were not misled into thinking they must give up their individual opinions as to guilt or innocence. 1980Moreover, reading the charge as a whole, as we must, Commonwealth v. Stoltzfus, 462 Pa. 43 , 337 A.2d 873 (1975), we are convinced the jurors were not misled into thinking they must give up their individual opinions as to guilt or innocence. | 1 | 1980–1980 |
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.
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.