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8 Pennsylvania opinions name it 3 courts 1965–2016 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. Heatheringtongreen2 sentences1993In discussing this relationship, our Supreme Court has stated: The relationship between a claim of self-defense and the element of malice has been described as follows: "[i]n a prosecution for murder, evidence of provocation or self-defense tends to negate the malice required to prove murder." Commonwealth v. Heatherington, 477 Pa. 562, 568 , 385 A.2d 338, 341 (1978). 1993In discussing this relationship, our Supreme Court has stated: The relationship between a claim of self-defense and the element of malice has been described as follows: "[i]n a prosecution for murder, evidence of provocation or self-defense tends to negate the malice required to prove murder." Commonwealth v. Heatherington, 477 Pa. 562, 568 , 385 A.2d 338, 341 (1978). | 2 | 2 |
Commonwealth v. Millergreen1 sentence2016If imperfect self-defense based on voluntary intoxication _______________________ (Footnote Continued) believed, would negate any element of ‘ill-will, wickedness of disposition, hardness of heart, cruelty or recklessness of consequences, and a mind regardless of social duty’ necessary to constitute malice”); Commonwealth v. Miller, 634 A.2d 614, 617 (Pa. Super. 1993) (“The relationship between a claim of self-defense and the element of malice has been described as follows: ‘[i]n a prosecution for murder, evidence of provocation or self- defense tends to negate the malice required to prove mur | 1 | 1 |
Strauser v. Stahrgreen1 sentence2015“We would be both naïve and remiss to perpetuate the strength of this presumption and ignore the results of reliable scientific tests.” Strauser, 726 A.2d at 1058 (Newman, J. dissenting).5 ____________________________________________ 5 The Supreme Court assessed the relationship between the presumption and the Act in John M. | 1 | 1 |
People v. One 1948 Oldsmobilegreen1 sentence1965A., 400 Pa. 145 , 161 A. 2d 882 (1960), recognized that exceptions exist with respect to the rule regarding exhaustion of remedies and also recognized a relationship between that rule and the Labor-Management Reporting and Disclosure Act of 1959. 19 In Salzhandler v. Caputo, 316 F. 2d 445 (2d Cir.), cert. denied, 375 U.S. 946 , 84 S. Ct. 344 (1963), the Labor-Management Reporting and Disclosure Act of 1959 which protects freedom of expression for union members 20 was construed to prohibit union discipline with respect to a member who allegedly had made libelous statements about a union officer | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Susser v. Wiley
green
2 sentences1997The relationship between the presumption of due care and contributory negligence was clearly expounded on in Susser v. Wiley, 350 Pa. 427 , 39 A.2d 616 (1944). 1997The relationship between the presumption of due care and contributory negligence was clearly expounded on in Susser v. Wiley, 350 Pa. 427 , 39 A.2d 616 (1944). | 1 | 1997–1997 |
Remington v. Landolt
green
1 sentence1977Some courts which have generally adopted 222A(1) have avoided adopting the intent and good faith provisions of Restatement §222A(2) (b) and (c), supra. See Remington v. Landolt, supra, 479 . | 1 | 1977–1977 |
Commonwealth v. Snyder
green
2 sentences1968Because our Garrett opinion did not explore the relationship between the test there set out for determining if a confession preceding a guilty plea could be collaterally attacked and the waiver provisions of the Post Conviction Hearing Act, and furthermore, because we feel that this relationship must be clarified, we hold alternatively that even if Baity’s confession was involuntary, §4 of the Post Conviction Hearing Act 8 as interpreted by Commonwealth v. Snyder, 427 Pa. 83 , 90 n.5, 233 A. 2d 530 , 534 n.5 (1967), would bar relief. 1968Because our Garrett opinion did not explore the relationship between the test there set out for determining if a confession preceding a guilty plea could be collaterally attacked and the waiver provisions of the Post Conviction Hearing Act, and furthermore, because we feel that this relationship must be clarified, we hold alternatively that even if Baity’s confession was involuntary, §4 of the Post Conviction Hearing Act 8 as interpreted by Commonwealth v. Snyder, 427 Pa. 83 , 90 n.5, 233 A. 2d 530 , 534 n.5 (1967), would bar relief. | 1 | 1968–1968 |
Falsetti v. Local Union No. 2026, United Mine Workers of America
green
2 sentences1965A., 400 Pa. 145 , 161 A. 2d 882 (1960), recognized that exceptions exist with respect to the rule regarding exhaustion of remedies and also recognized a relationship between that rule and the Labor-Management Reporting and Disclosure Act of 1959. 19 In Salzhandler v. Caputo, 316 F. 2d 445 (2d Cir.), cert. denied, 375 U.S. 946 , 84 S. Ct. 344 (1963), the Labor-Management Reporting and Disclosure Act of 1959 which protects freedom of expression for union members 20 was construed to prohibit union discipline with respect to a member who allegedly had made libelous statements about a union officer 1965A., 400 Pa. 145 , 161 A. 2d 882 (1960), recognized that exceptions exist with respect to the rule regarding exhaustion of remedies and also recognized a relationship between that rule and the Labor-Management Reporting and Disclosure Act of 1959. 19 In Salzhandler v. Caputo, 316 F. 2d 445 (2d Cir.), cert. denied, 375 U.S. 946 , 84 S. Ct. 344 (1963), the Labor-Management Reporting and Disclosure Act of 1959 which protects freedom of expression for union members 20 was construed to prohibit union discipline with respect to a member who allegedly had made libelous statements about a union officer | 1 | 1965–1965 |
Salzhandler v. Caputo
green
2 sentences1965Falsetti v. U. No. 2026, U.M.W.A., 400 Pa. 145 , 161 A. 2d 882 (1960), recognized that exceptions exist with respect to the rule regarding exhaustion of remedies and also recognized a relationship between that rule and the Labor-Management Reporting and Disclosure Act of 1959. [19] In Salzhandler v. Caputo, 316 F. 2d 445 (2d Cir.), cert. denied, 375 U.S. 946 , 84 S. Ct. 344 (1963), the Labor-Management Reporting and Disclosure Act of 1959 which protects freedom of expression for union members [20] was construed to prohibit union discipline with respect to a member who allegedly had made libelo 1965A., 400 Pa. 145 , 161 A. 2d 882 (1960), recognized that exceptions exist with respect to the rule regarding exhaustion of remedies and also recognized a relationship between that rule and the Labor-Management Reporting and Disclosure Act of 1959. 19 In Salzhandler v. Caputo, 316 F. 2d 445 (2d Cir.), cert. denied, 375 U.S. 946 , 84 S. Ct. 344 (1963), the Labor-Management Reporting and Disclosure Act of 1959 which protects freedom of expression for union members 20 was construed to prohibit union discipline with respect to a member who allegedly had made libelous statements about a union officer | 1 | 1965–1965 |
Clinton v. Virginia
green
2 sentences1965Falsetti v. U. No. 2026, U.M.W.A., 400 Pa. 145 , 161 A. 2d 882 (1960), recognized that exceptions exist with respect to the rule regarding exhaustion of remedies and also recognized a relationship between that rule and the Labor-Management Reporting and Disclosure Act of 1959. [19] In Salzhandler v. Caputo, 316 F. 2d 445 (2d Cir.), cert. denied, 375 U.S. 946 , 84 S. Ct. 344 (1963), the Labor-Management Reporting and Disclosure Act of 1959 which protects freedom of expression for union members [20] was construed to prohibit union discipline with respect to a member who allegedly had made libelo 1965A., 400 Pa. 145 , 161 A. 2d 882 (1960), recognized that exceptions exist with respect to the rule regarding exhaustion of remedies and also recognized a relationship between that rule and the Labor-Management Reporting and Disclosure Act of 1959. 19 In Salzhandler v. Caputo, 316 F. 2d 445 (2d Cir.), cert. denied, 375 U.S. 946 , 84 S. Ct. 344 (1963), the Labor-Management Reporting and Disclosure Act of 1959 which protects freedom of expression for union members 20 was construed to prohibit union discipline with respect to a member who allegedly had made libelous statements about a union officer | 1 | 1965–1965 |
Caputo v. Salzhandler
green
2 sentences1965Falsetti v. U. No. 2026, U.M.W.A., 400 Pa. 145 , 161 A. 2d 882 (1960), recognized that exceptions exist with respect to the rule regarding exhaustion of remedies and also recognized a relationship between that rule and the Labor-Management Reporting and Disclosure Act of 1959. [19] In Salzhandler v. Caputo, 316 F. 2d 445 (2d Cir.), cert. denied, 375 U.S. 946 , 84 S. Ct. 344 (1963), the Labor-Management Reporting and Disclosure Act of 1959 which protects freedom of expression for union members [20] was construed to prohibit union discipline with respect to a member who allegedly had made libelo 1965A., 400 Pa. 145 , 161 A. 2d 882 (1960), recognized that exceptions exist with respect to the rule regarding exhaustion of remedies and also recognized a relationship between that rule and the Labor-Management Reporting and Disclosure Act of 1959. 19 In Salzhandler v. Caputo, 316 F. 2d 445 (2d Cir.), cert. denied, 375 U.S. 946 , 84 S. Ct. 344 (1963), the Labor-Management Reporting and Disclosure Act of 1959 which protects freedom of expression for union members 20 was construed to prohibit union discipline with respect to a member who allegedly had made libelous statements about a union officer | 1 | 1965–1965 |
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.