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8 Pennsylvania opinions name it 5 courts 1983–2025 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 |
|---|---|---|
Com. v. Felder, H.green1 sentence2025See, e.g., Commonwealth v. Felder, 247 A.3d 14, 19 (Pa.Super. 2021) (“After-discovered evidence is ‘peculiarly’ a question in the trial court’s discretion, because that court is uniquely positioned and qualified to appraise the reliability of the original trial and the proposed evidence’s impact upon it.” (citation omitted)). | 1 | 1 |
Vodvarka v. Grasmeyergreen1 sentence2020As a general guide, the customary dictionary definition of “proper” is being “adapted or appropriate to the purpose or circumstances; fit; suitable.” Vodvarka v Grasmeyer, 675 N.W.2d 847, 853 (Mich. Ct. App. 2003) (quoting Random House College Dictionary 1061 (rev. ed. 1979)). | 1 | 1 |
Commonwealth v. Gwynngreen2 sentences2003“Arrest is an act that indicates an intention to take a person into custody or that subjects the person to the will and control of the person making the arrest.” Commonwealth v. Gwynn, 555 Pa. 86 , 723 A.2d 143, 148 (1999) (citing Lovette) (emphasis added). 2003“Arrest is an act that indicates an intention to take a person into custody or that subjects the person to the will and control of the person making the arrest.” Commonwealth v. Gwynn, 555 Pa. 86 , 723 A.2d 143, 148 (1999) (citing Lovette) (emphasis added). | 1 | 1 |
Commonwealth v. Whitegreen2 sentences2003We note, however, that the use of a disjunctive test would require us to call an investigative detention an “arrest” because “every Terry stop involves both a stop and a period of detention during which the suspect is not free to leave but is subject to the control of the police officer.” Commonwealth v. White, 358 Pa.Super. 120 , 516 A.2d 1211, 1217 (1986). 2003We note, however, that the use of a disjunctive test would require us to call an investigative detention an “arrest” because “every Terry stop involves both a stop and a period of detention during which the suspect is not free to leave but is subject to the control of the police officer.” Commonwealth v. White, 358 Pa.Super. 120 , 516 A.2d 1211, 1217 (1986). | 1 | 1 |
Equipment Finance, Inc. v. Grannasgreen2 sentences1983The disjunctive clause “or use of money” is not quite so clear; but the tenor of the authorities is that it is a synonym for “loan”, Kenin Trust (No. 1), 343 Pa. 549 , 563 note 4 (1942), intended to cover cases whose form may vary from that of a typical loan but whose substance is a loan, that is, “the hire of money”, Melnicoff v. Huber Investment Co., 12 D.&C. 405, 407 (1929), cited with approval in Equitable Credit & Discount Co. v. Geier, 342 Pa. 445 , 455 note 7, 22 A.2d 53 , 58 (1941) and Equipment Finance, Inc. v. Grannas, 207 Pa. Super. 363, 366 , 218 A.2d 81, 82 (1966). 1983The disjunctive clause “or use of money” is not quite so clear; but the tenor of the authorities is that it is a synonym for “loan”, Kenin Trust (No. 1), 343 Pa. 549 , 563 note 4 (1942), intended to cover cases whose form may vary from that of a typical loan but whose substance is a loan, that is, “the hire of money”, Melnicoff v. Huber Investment Co., 12 D.&C. 405, 407 (1929), cited with approval in Equitable Credit & Discount Co. v. Geier, 342 Pa. 445 , 455 note 7, 22 A.2d 53 , 58 (1941) and Equipment Finance, Inc. v. Grannas, 207 Pa. Super. 363, 366 , 218 A.2d 81, 82 (1966). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Jg
green
1 sentence2015Id. at 547 . | 1 | 2015–2015 |
Ohio v. Roberts
red
2 sentences2004Appellant concedes that “[regarding the first prong of the Roberts test, hearsay was not given to ‘authorities’ and therefore Agnes McClinchey’s testimony would appear to pass muster, at least under the language of Young.” See Appellant’s Brief, at 19. 8 Appellant submits that O’Donnell’s out-of- court statement needed to satisfy both prongs of the Roberts test—i.e., that it must fall within a “firmly rooted” exception to the hearsay rule and must come with “particularized guarantees of trustworthiness.” On the contrary, Roberts articulated a disjunctive rule: it required only that a given sta 2004Appellant concedes that “[regarding the first prong of the Roberts test, hearsay was not given to ‘authorities’ and therefore Agnes McClinchey’s testimony would appear to pass muster, at least under the language of Young.” See Appellant’s Brief, at 19. 8 Appellant submits that O’Donnell’s out-of- court statement needed to satisfy both prongs of the Roberts test—i.e., that it must fall within a “firmly rooted” exception to the hearsay rule and must come with “particularized guarantees of trustworthiness.” On the contrary, Roberts articulated a disjunctive rule: it required only that a given sta | 1 | 2004–2004 |
Basile v. H & R BLOCK, INC.
green
1 sentence2003Basile v. H & R Block Inc., 777 A.2d 95 (Pa. Super. 2001), appeal denied, 569 Pa. 714 , 806 A.2d 857 (2002). . | 1 | 2003–2003 |
Montour Sch. D. v. Pa. Human Rel. Comm.
green
2 sentences1988At the time briefs were filed in this case, the parties did not have the benefit of our opinion in Montour School District v. Pennsylvania Human Relations Commission, 109 Pa. Commonwealth Ct. 1 , 530 A.2d 957 (1987), wherein we adopted the prima facie burden set forth by the Commission in an age discrimination case. 1988At the time briefs were filed in this case, the parties did not have the benefit of our opinion in Montour School District v. Pennsylvania Human Relations Commission, 109 Pa. Commonwealth Ct. 1 , 530 A.2d 957 (1987), wherein we adopted the prima facie burden set forth by the Commission in an age discrimination case. | 1 | 1988–1988 |
Equitable Credit & Discount Co. v. Geier
green
1 sentence1983The disjunctive clause “or use of money” is not quite so clear; but the tenor of the authorities is that it is a synonym for “loan”, Kenin Trust (No. 1), 343 Pa. 549 , 563 note 4 (1942), intended to cover cases whose form may vary from that of a typical loan but whose substance is a loan, that is, “the hire of money”, Melnicoff v. Huber Investment Co., 12 D.&C. 405, 407 (1929), cited with approval in Equitable Credit & Discount Co. v. Geier, 342 Pa. 445 , 455 note 7, 22 A.2d 53 , 58 (1941) and Equipment Finance, Inc. v. Grannas, 207 Pa. Super. 363, 366 , 218 A.2d 81, 82 (1966). | 1 | 1983–1983 |
Kenin's Trust Estate (No. 1)
green
1 sentence1983The disjunctive clause “or use of money” is not quite so clear; but the tenor of the authorities is that it is a synonym for “loan”, Kenin Trust (No. 1), 343 Pa. 549 , 563 note 4 (1942), intended to cover cases whose form may vary from that of a typical loan but whose substance is a loan, that is, “the hire of money”, Melnicoff v. Huber Investment Co., 12 D.&C. 405, 407 (1929), cited with approval in Equitable Credit & Discount Co. v. Geier, 342 Pa. 445 , 455 note 7, 22 A.2d 53 , 58 (1941) and Equipment Finance, Inc. v. Grannas, 207 Pa. Super. 363, 366 , 218 A.2d 81, 82 (1966). | 1 | 1983–1983 |
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.