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9 Pennsylvania opinions name it 4 courts 1925–2026 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Coxgreen2 sentences2001“Counsel is presumed to be effective, and it is the defendant’s burden to prove otherwise.” Commonwealth v. Cox, 556 Pa. 368, 382 , 728 A.2d 923, 929 (1999), cert. denied, 533 U.S. 904 , 121 S.Ct. 2246 , 150 L.Ed.2d 233 (2001). 2001“Counsel is presumed to be effective, and it is the defendant’s burden to prove otherwise.” Commonwealth v. Cox, 556 Pa. 368, 382 , 728 A.2d 923, 929 (1999), cert. denied, 533 U.S. 904 , 121 S.Ct. 2246 , 150 L.Ed.2d 233 (2001). | 1 | 1 |
Commonwealth v. Chaneygreen2 sentences1978In Pennsylvania, a series of decisions has announced that an attempted waiver by a juvenile of his fifth and sixth amendment rights during a custodial interrogation will not be effective “absent a showing that a juvenile had an opportunity to consult with an interested and informed parent or adult or counsel before he waived his Miranda rights . .” Commonwealth v. Chaney, 465 Pa. 407, 409 , 350 A.2d 829, 830 (1975). 1 In these cases, the Commonwealth has the burden of proving that the juvenile waived his rights voluntarily. 1978In Pennsylvania, a series of decisions has announced that an attempted waiver by a juvenile of his fifth and sixth amendment rights during a custodial interrogation will not be effective “absent a showing that a juvenile had an opportunity to consult with an interested and informed parent or adult or counsel before he waived his Miranda rights . .” Commonwealth v. Chaney, 465 Pa. 407, 409 , 350 A.2d 829, 830 (1975). 1 In these cases, the Commonwealth has the burden of proving that the juvenile waived his rights voluntarily. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
BMW of North America, Inc. v. Gore
green
2 sentences2023Id. at 47 n.16. 2023Id. at 47 n.16. | 2 | 2023–2023 |
Commonwealth v. Johnson
green
1 sentence2026“Failing to conduct an on the record colloquy pursuant to Rule 121(C) before allowing a defendant to proceed pro se constitutes reversible error.” Johnson, 158 A.3d at 122 . | 1 | 2026–2026 |
Pantoja-Nunez v. United States
neutral
1 sentence2001“Counsel is presumed to be effective, and it is the defendant’s burden to prove otherwise.” Commonwealth v. Cox, 556 Pa. 368, 382 , 728 A.2d 923, 929 (1999), cert. denied, 533 U.S. 904 , 121 S.Ct. 2246 , 150 L.Ed.2d 233 (2001). | 1 | 2001–2001 |
Cox v. Pennsylvania
green
1 sentence2001“Counsel is presumed to be effective, and it is the defendant’s burden to prove otherwise.” Commonwealth v. Cox, 556 Pa. 368, 382 , 728 A.2d 923, 929 (1999), cert. denied, 533 U.S. 904 , 121 S.Ct. 2246 , 150 L.Ed.2d 233 (2001). | 1 | 2001–2001 |
Tourville v. Inter-Ocean Insurance
green
2 sentences1988Co., 353 Pa.Super. 53 , 508 A.2d 1263 (1986), it noted that the definition of “specific intent to harm” was able to stand alone, regardless of whether one viewed the two Geary exceptions as separate and distinct, or whether one considered specific intent to harm as violative of public policy. 1988Co., 353 Pa.Super. 53 , 508 A.2d 1263 (1986), it noted that the definition of “specific intent to harm” was able to stand alone, regardless of whether one viewed the two Geary exceptions as separate and distinct, or whether one considered specific intent to harm as violative of public policy. | 1 | 1988–1988 |
Pugh v. Holmes
green
2 sentences1980In Pugh v. Holmes, 253 Pa. Superior Ct. 76 , 384 A. 2d 1234 (1978), the Superior Court abolished the common law doctrine of caveat emptor as it applied to residential leases and held that an implied warranty of habitability existed in all such leases. 1980In Pugh v. Holmes, 253 Pa. Superior Ct. 76 , 384 A. 2d 1234 (1978), the Superior Court abolished the common law doctrine of caveat emptor as it applied to residential leases and held that an implied warranty of habitability existed in all such leases. | 1 | 1980–1980 |
Fair v. Negley
green
2 sentences1979(Emphasis supplied.) In holding the waiver invalid, the court held: “After considering the bases for our decision in Pugh v. Holmes, the public policy sought to be advanced by the implied warranty of habitability, and the factors to be employed in determining whether an agreement violates public policy, we can conclude only that an attempted waiver of the implied warranty of habitability in residential leases is unconscionable and must be held to be ineffective.” Id. at_, 390 A. 2d at 245 . 1979(Emphasis supplied.) In holding the waiver invalid, the court held: “After considering the bases for our decision in Pugh v. Holmes, the public policy sought to be advanced by the implied warranty of habitability, and the factors to be employed in determining whether an agreement violates public policy, we can conclude only that an attempted waiver of the implied warranty of habitability in residential leases is unconscionable and must be held to be ineffective.” Id. at_, 390 A. 2d at 245 . | 1 | 1979–1979 |
Commonwealth v. Hailey
green
2 sentences1978Commonwealth v. Hailey, 470 Pa. 488 , 368 A.2d 1261 (1977). 1978Commonwealth v. Hailey, 470 Pa. 488 , 368 A.2d 1261 (1977). | 1 | 1978–1978 |
Bank of Hooversville v. Sagerson
green
1 sentence1925The court below should have declared the attempted defense to be unavailing as a matter of law (First National Bank of Hooversville v. Sagerson, supra) and directed a verdict for plaintiff; a failure to do so was manifest error. | 1 | 1925–1925 |
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.