closely related principle (Pennsylvania) · Go Syfert
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closely related principle in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1921–2003 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.

Followed or applied (5)

CaseFollowedCited
Farber v. ENGLEgreen
pacommwct · 1987 · cited in 2 Pennsylvania opinions naming this issue, 1991–1996
2 sentences

1996Appellants are actually relying on a closely related doctrine which this Court discussed in Farber v. Engle, 106 Pa.Cmwlth. 173 , 525 A.2d 864, 866 (1987): The general rule is that absent some new evidence, it is improper for a trial judge to overrule an interlocutory order entered by another judge of the same court involving the same issue.

1996Appellants are actually relying on a closely related doctrine which this Court discussed in Farber v. Engle, 106 Pa.Cmwlth. 173 , 525 A.2d 864, 866 (1987): The general rule is that absent some new evidence, it is improper for a trial judge to overrule an interlocutory order entered by another judge of the same court involving the same issue.

22
Commonwealth v. Taylorgreen
pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
2 sentences

2003See Commonwealth v. Freeman, 573 Pa. 532 , 827 A.2d 385 (2003) (stating that although relaxed waiver has been modified, that change does not apply to cases, such as this one, where the appellate brief was already filed in this Court when Freeman was announced on May 30, 2003). [15] We note that, for a reason not apparent from the record, Appellant was charged with Subsection (1) of Section 3123, which requires forcible compulsion for IDSI, as opposed to Subsection (6), which applied to complainants who are less than thirteen years of age. [16] We recently reaffirmed the standard articulated in

2003We recently reaffirmed the standard articulated in Bardo in Commonwealth v. Taylor, 831 A.2d 587 (Pa.2003), where we clarified that the two crimes charged need not share a common element in order to fall under the closely related exception to the corpus delicti rule. .

11
Commonwealth v. Freemangreen
pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
2 sentences

2003See Commonwealth v. Freeman, 573 Pa. 532 , 827 A.2d 385 (2003) (stating that although relaxed waiver has been modified, that change does not apply to cases, such as this one, where the appellate brief was already filed in this Court when Freeman was announced on May 30, 2003). [15] We note that, for a reason not apparent from the record, Appellant was charged with Subsection (1) of Section 3123, which requires forcible compulsion for IDSI, as opposed to Subsection (6), which applied to complainants who are less than thirteen years of age. [16] We recently reaffirmed the standard articulated in

2003See Commonwealth v. Freeman, 573 Pa. 532 , 827 A.2d 385 (2003) (stating that although relaxed waiver has been modified, that change does not apply to cases, such as this one, where the appellate brief was already filed in this Court when Freeman was announced on May 30, 2003). [15] We note that, for a reason not apparent from the record, Appellant was charged with Subsection (1) of Section 3123, which requires forcible compulsion for IDSI, as opposed to Subsection (6), which applied to complainants who are less than thirteen years of age. [16] We recently reaffirmed the standard articulated in

11
McGowan v. Marylandgreen
scotus · 1961 · cited in 1 Pennsylvania opinions naming this issue, 1978–1978
2 sentences

1978See McGowan v. Maryland, 366 U.S. 420, 429-430 , 81 S.Ct. 1101 , 6 L.Ed.2d 393 (1961).

1978See McGowan v. Maryland, 366 U.S. 420, 429-430 , 81 S.Ct. 1101 , 6 L.Ed.2d 393 (1961).

11
Wall v. Pennsylvania Public Utility Commissiongreen
pasuperct · 1956 · cited in 1 Pennsylvania opinions naming this issue, 1958–1958
2 sentences

1958See Wall v. Pennsylvania Public Utility Commission, 182 Pa. Superior Ct. 35, 42 , 125 A. 2d 630 .

1958See Wall v. Pennsylvania Public Utility Commission, 182 Pa. Superior Ct. 35, 42 , 125 A. 2d 630 .

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 (5)

CaseCitedYears
Sherman v. Yoder green
pacommwct · 1981
1 sentence

1996Commonwealth v. Tyson, 57 Pa.Commonwealth Ct. 569, 427 A.2d 283 (1981); Sherman v. Yoder, 59 Pa.Commonwealth Ct. 430, 430 A.2d 347 (1981).

11996–1996
Commonwealth v. Tyson green
pacommwct · 1981
1 sentence

1996Commonwealth v. Tyson, 57 Pa.Commonwealth Ct. 569, 427 A.2d 283 (1981); Sherman v. Yoder, 59 Pa.Commonwealth Ct. 430, 430 A.2d 347 (1981).

11996–1996
Reamer's Estate green
pa · 1938
2 sentences

1987Appellant argues that Judge DiBona erred in granting the City’s motion because Judge Gafni’s ruling constituted the “law of the case.” 4 Although the “law of the case” doctrine is inapplicable in the instant case, 5 *177 Reamers Estate, 331 Pa. 117 , 200 A. 35 (1938), Appellant does touch upon a closely related doctrine.

1987Appellant argues that Judge DiBona erred in granting the City’s motion because Judge Gafni’s ruling constituted the “law of the case.” 4 Although the “law of the case” doctrine is inapplicable in the instant case, 5 *177 Reamers Estate, 331 Pa. 117 , 200 A. 35 (1938), Appellant does touch upon a closely related doctrine.

11987–1987
Noble's Estate green
pa · 1940
2 sentences

1944In Noble’s Estate, 338 Pa. 490 , 13 A. 2d 422 , an elderly, retired widower made a will, shortly before his death, by which he gave his residuary estate to a young man, not a relative, who probably stood in a confidential relationship to him and who was scrivener of the Avill.

1944In Noble’s Estate, 338 Pa. 490 , 13 A. 2d 422 , an elderly, retired widower made a will, shortly before his death, by which he gave his residuary estate to a young man, not a relative, who probably stood in a confidential relationship to him and who was scrivener of the Avill.

11944–1944
United States v. Cruikshank green
scotus · 1876
1 sentence

1921Chief Justice Waite, in United States v. Cruikshank, 92 U. S. 542, 551 , speaking of the closely related privilege of the people to assemble for lawful purposes, said: “The right,......with the obligation on the part of the states to afford it protection, existed long before the adoption of the [federal] Constitution; in fact, it is, and always has been, one of the attributes of citizenship under a free government.” This applies equally to the right of petition.

11921–1921

Where else courts name it

CA 13 (1997–2023) PA 8 (1921–2003) MA 6 (1978–2023) WI 5 (1949–2021) OH 5 (1976–1989) CT 5 (2002–2022) DE 5 (2019–2023) TN 5 (1962–2013) NY 5 (2011–2023) MD 5 (1990–2026) IA 4 (1976–2025) IL 3 (1995–2010) AZ 3 (1978–2020) MN 3 (1983–2016) VA 2 (2012–2026) ME 2 (1979–2010) AL 2 (2009–2025) MO 2 (1995–2005) UT 2 (1983–2002) TX 2 (2001–2018) GA 2 (2010–2018) MT 2 (2017–2024) FL 2 (1991–2023) WV 2 (2017–2021) NE 2 (2000–2005) ID 2 (1977–1980)

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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