lowest standard (Pennsylvania) · Go Syfert
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lowest standard in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1923–2025 2 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 (9)

CaseFollowedCited
Commonwealth v. Wilsongreen
pasuperct · 2008 · cited in 3 Pennsylvania opinions naming this issue, 2011–2017
2 sentences

2017See Commonwealth v. Wilson, 946 A.2d 767, 770 (Pa. Super. 2008) (concluding that sentence of 11½ to 23 months in prison, followed by 7 years of probation for robbery was unreasonably low, based on the nature of the crimes, the defendant’s past aggressive conduct and continuing threat to the public, and the injuries suffered by the victims); see also Commonwealth v. Daniel, 30 A.3d 494, 497, 499 (Pa. Super. 2011) (concluding that a sentence of 11½ to 23 - 10 - J-A19036-17 months in prison, with immediate parole eligibility, and 5 years of probation—which was only 25% of the lowest standard rang

2017See Commonwealth v. Wilson, 946 A.2d 767, 770 (Pa. Super. 2008) (concluding that sentence of 11½ to 23 months in prison, followed by 7 years of probation for robbery was unreasonably low, based on the nature of the crimes, the defendant’s past aggressive conduct and continuing threat to the public, and the injuries suffered by the victims); see also Commonwealth v. Daniel, 30 A.3d 494, 497, 499 (Pa. Super. 2011) (concluding that a sentence of llMs to 23 months in prison, with immediate parole eligibility, a,nd 5 years, of probation— which was only 25% of the lowest standard range—imposed follo

23
State v. Priorgreen
iowa · 2000 · cited in 2 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

22
cluster 731282green
ca9 · 1997 · cited in 2 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

22
State v. De Simonegreen
nj · 1972 · cited in 2 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

22
State v. Vandivergreen
kan · 1995 · cited in 2 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

22
People v. Nievesgreen
ny · 1975 · cited in 2 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

2025In order for an [APP warrant] to be valid under Article I, Section 8 of the Pennsylvania Constitution, it must be shown that all persons present were probably involved in the illegal activity.”). 34 This “den of thieves” theory appears to be the lowest bar set by courts that have approved APP warrants. [J-36A-2024, J-36B-2024 and J-36C-2024] [OAJC: Wecht, J.] - 45 all persons on the premises at the time of the search are involved in the criminal activity”); Marks v. Clarke, 102 F.3d 1012, 1029 (9th Cir. 1996) (recognizing that an APP warrant “may only be obtained when there is reason to believ

22
Beeler v. Stategreen
oklacrimapp · 1984 · cited in 2 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025See, e.g., Beeler v. State, 677 P.2d 653, 656 (Okla.

2025See, e.g., Beeler v. State, 677 P.2d 653, 656 (Okla.

22
Commonwealth v. Kennergreen
pasuperct · 2001 · cited in 2 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017See Commonwealth v. Wilson, 946 A.2d 767, 770 (Pa. Super. 2008) (concluding that sentence of 11½ to 23 months in prison, followed by 7 years of probation for robbery was unreasonably low, based on the nature of the crimes, the defendant’s past aggressive conduct and continuing threat to the public, and the injuries suffered by the victims); see also Commonwealth v. Daniel, 30 A.3d 494, 497, 499 (Pa. Super. 2011) (concluding that a sentence of 11½ to 23 - 10 - J-A19036-17 months in prison, with immediate parole eligibility, and 5 years of probation—which was only 25% of the lowest standard rang

2017See Commonwealth v. Wilson, 946 A.2d 767, 770 (Pa. Super. 2008) (concluding that sentence of 11½ to 23 months in prison, followed by 7 years of probation for robbery was unreasonably low, based on the nature of the crimes, the defendant’s past aggressive conduct and continuing threat to the public, and the injuries suffered by the victims); see also Commonwealth v. Daniel, 30 A.3d 494, 497, 499 (Pa. Super. 2011) (concluding that a sentence of llMs to 23 months in prison, with immediate parole eligibility, a,nd 5 years, of probation— which was only 25% of the lowest standard range—imposed follo

22
Commonwealth v. Danielgreen
pasuperct · 2011 · cited in 2 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017See Commonwealth v. Wilson, 946 A.2d 767, 770 (Pa. Super. 2008) (concluding that sentence of 11½ to 23 months in prison, followed by 7 years of probation for robbery was unreasonably low, based on the nature of the crimes, the defendant’s past aggressive conduct and continuing threat to the public, and the injuries suffered by the victims); see also Commonwealth v. Daniel, 30 A.3d 494, 497, 499 (Pa. Super. 2011) (concluding that a sentence of 11½ to 23 - 10 - J-A19036-17 months in prison, with immediate parole eligibility, and 5 years of probation—which was only 25% of the lowest standard rang

2017See Commonwealth v. Wilson, 946 A.2d 767, 770 (Pa. Super. 2008) (concluding that sentence of 11½ to 23 months in prison, followed by 7 years of probation for robbery was unreasonably low, based on the nature of the crimes, the defendant’s past aggressive conduct and continuing threat to the public, and the injuries suffered by the victims); see also Commonwealth v. Daniel, 30 A.3d 494, 497, 499 (Pa. Super. 2011) (concluding that a sentence of llMs to 23 months in prison, with immediate parole eligibility, a,nd 5 years, of probation— which was only 25% of the lowest standard range—imposed follo

22

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
G.H. v. Department of Public Welfare green
pacommwct · 2014
2 sentences

2016In re S.H., 96 A.3d 448 , 455 n. 7 (Pa.Cmwlth.2014).

2016In re S.H., 96 A.3d 448 , 455 n.7 (Pa. Cmwlth. 2014).

22016–2016
Commonwealth v. Wilson neutral
pa · 2009
1 sentence

2011Commonwealth v. Wilson, 946 A.2d 767 (Pa.Super.2008), aff'd per curiam, 601 Pa. 96 , 971 A.2d 1121 (2009), is instructive herein.

12011–2011
Com. v. Wilson green
pa · 2009
1 sentence

2011Commonwealth v. Wilson, 946 A.2d 767 (Pa.Super.2008), aff'd per curiam, 601 Pa. 96 , 971 A.2d 1121 (2009), is instructive herein.

12011–2011
Arnold v. Blabon neutral
pa · 1892
1 sentence

1923We see no error in this; parties are assumed to deal according to the customs of the business respecting which they are contracting (Franklin Sugar Refining Co. v. Howell, 274 Pa. 190 ), and where it can be done, as here it could if defendant’s evidence is believed, it is “entitled to have damages assessed as at the date when a fresh contract might and ought to have been made” (Benjamin on Sales, 6th edition, 1106), for only in this manner can the damages be measured, as they must be, according to the lowest standard reasonably applicable: Arnold v. Blabon, 147 Pa. 372 ; Franklin Sugar Refinin

11923–1923
Franklin Sugar Refining Co. v. Howell green
pa · 1922
2 sentences

1923We see no error in this; parties are assumed to deal according to the customs of the business respecting which they are contracting (Franklin Sugar Refining Co. v. Howell, 274 Pa. 190 ), and where it can be done, as here it could if defendant’s evidence is believed, it is “entitled to have damages assessed as at the date when a fresh contract might and ought to have been made” (Benjamin on Sales, 6th edition, 1106), for only in this manner can the damages be measured, as they must be, according to the lowest standard reasonably applicable: Arnold v. Blabon, 147 Pa. 372 ; Franklin Sugar Refinin

1923We see no error in this; parties are assumed to deal according to the customs of the business respecting which they are contracting (Franklin Sugar Refining Co. v. Howell, 274 Pa. 190 ), and where it can be done, as here it could if defendant’s evidence is believed, it is “entitled to have damages assessed as at the date when a fresh contract might and ought to have been made” (Benjamin on Sales, 6th edition, 1106), for only in this manner can the damages be measured, as they must be, according to the lowest standard reasonably applicable: Arnold v. Blabon, 147 Pa. 372 ; Franklin Sugar Refinin

11923–1923

Where else courts name it

PA 8 (1923–2025) WA 6 (2009–2026) MO 3 (2002–2014) CA 3 (2013–2025) FL 2 (1964–1993)

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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