three step analysis (Pennsylvania) · Go Syfert
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three step analysis in Pennsylvania

8 Pennsylvania opinions name it 5 courts 1978–2019 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
City of Bradford v. Teamsters Local Union No. 110green
pacommwct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See City of Bradford , 25 A.3d at 414 .

11
Commonwealth v. Petersongreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Commonwealth v. Peterson, 19 A.3d 1131, 1134 (Pa. Super. 2011) (en banc), affirmed, 44 A.3d 655 (Pa. 2012) (citations omitted). -7- J-S02004-15 We recognize that the courts of this Commonwealth employ a three- step analysis to determine whether Rule 600 requires dismissal of the charges against a defendant.

11
Commonwealth v. Breischgreen
pasuperct · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
1 sentence

2010To sustain a claim that of ineffectiveness failing to call the defendant to testify, he must demonstrate either: “(1) that counsel interfered with his right to testify; or (2) that counsel gave advice so unreasonable as to vitiate knowing and intelligent decision to testify on his own behalf.” Commonwealth v. Breisch, 719 A.2d 352, 355 (Pa. Super. 1998) (quoting Uderra, 706 A.2d 334 ).

11
Commonwealth v. Davisgreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990
2 sentences

1990Commonwealth v. Davis, 518 Pa. 77, 83-85 , 541 A.2d 315, 318 (1988).

1990Commonwealth v. Davis, 518 Pa. 77, 83-85 , 541 A.2d 315, 318 (1988).

11
Commonwealth v. Smithgreen
pa · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1982–1982
2 sentences

1982We therefore decline to adopt the argument urged by the Commonwealth.” Id., 482 Pa. at 560, 394 A.2d at 464 (footnote omitted) (Emphasis added); See also Commonwealth v. Smith, 472 Pa. at 502 , 372 A.2d at 803 (Concurring Opinion by Manderino, J.) (“I would like to add, however, that in addition to the three pre-requisites discussed by the majority opinion, the prosecution must show that meaningful consultation between the juvenile and the interested and informed adult actually took place.”) Thus, our Supreme Court’s decision in Barnes was reached after applying the traditional three step anal

1982We therefore decline to adopt the argument urged by the Commonwealth.” Id., 482 Pa. at 560, 394 A.2d at 464 (footnote omitted) (Emphasis added); See also Commonwealth v. Smith, 472 Pa. at 502 , 372 A.2d at 803 (Concurring Opinion by Manderino, J.) (“I would like to add, however, that in addition to the three pre-requisites discussed by the majority opinion, the prosecution must show that meaningful consultation between the juvenile and the interested and informed adult actually took place.”) Thus, our Supreme Court’s decision in Barnes was reached after applying the traditional three step anal

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
Adams v. COM. COURT OF PENNSYLVANIA green
pa · 2012
1 sentence

2015Commonwealth v. Peterson, 19 A.3d 1131, 1134 (Pa. Super. 2011) (en banc), affirmed, 44 A.3d 655 (Pa. 2012) (citations omitted). -7- J-S02004-15 We recognize that the courts of this Commonwealth employ a three- step analysis to determine whether Rule 600 requires dismissal of the charges against a defendant.

12015–2015
Commonwealth v. Uderra green
pa · 1998
1 sentence

2010To sustain a claim that of ineffectiveness failing to call the defendant to testify, he must demonstrate either: “(1) that counsel interfered with his right to testify; or (2) that counsel gave advice so unreasonable as to vitiate knowing and intelligent decision to testify on his own behalf.” Commonwealth v. Breisch, 719 A.2d 352, 355 (Pa. Super. 1998) (quoting Uderra, 706 A.2d 334 ).

12010–2010
Dudley v. USX Corp. green
pasuperct · 1992
2 sentences

1997Therefore, the Superior Court employed the three step analysis set forth in Dudley v. USX Corp., 414 Pa.Super. 160 , 606 A.2d 916 (1992), alloc. denied, 532 Pa. 663 , 616 A.2d 985 (1992) used to evaluate a motion for summary7 judgment in such situations.

1997Therefore, the Superior Court employed the three step analysis set forth in Dudley v. USX Corp., 414 Pa.Super. 160 , 606 A.2d 916 (1992), alloc. denied, 532 Pa. 663 , 616 A.2d 985 (1992) used to evaluate a motion for summary7 judgment in such situations.

11997–1997
Girsh Appeal green
pa · 1970
2 sentences

1983Based on the premise that where a municipality “is a logical place for development to take place, it should not be heard to say it will not bear its rightful part of the burden,” Girsh, 437 Pa. at 245 , 263 A.2d at 399 , the Court held that the initial inquiry must focus on whether the com nrunity is a logical place for development and growth.

1983Based on the premise that where a municipality “is a logical place for development to take place, it should not be heard to say it will not bear its rightful part of the burden,” Girsh, 437 Pa. at 245 , 263 A.2d at 399 , the Court held that the initial inquiry must focus on whether the com nrunity is a logical place for development and growth.

11983–1983
Wisconsin v. Yoder green
scotus · 1972
1 sentence

1978Similarly, in Wisconsin v. Yoder, 406 U.S. 205 (1972), the Supreme Court of the United States applied this balancing test and analysis to the prevailing contention of the Old Order Amish and Conservative Amish Mennonite Churches that their children should not be obliged to attend public or private school beyond the eighth grade notwithstanding a compulsory school attendance law to the contrary.

11978–1978

Where else courts name it

LA 17 (1992–2024) IA 15 (2014–2025) OH 14 (2013–2025) WA 14 (1995–2021) CA 13 (2002–2026) TX 12 (1990–2026) PA 8 (1978–2019) MS 7 (1993–2023) IN 6 (1979–2018) ID 6 (1998–2016) FL 5 (1983–2012) MD 5 (1986–2011) NC 5 (2009–2023) SD 4 (2005–2024) WV 3 (2015–2018) ND 3 (1987–2022) NV 3 (2016–2020) UT 3 (2002–2021) KY 3 (2021–2023) MN 2 (1989–1989) MT 2 (1984–1985) AZ 2 (1984–2017) CT 2 (1995–2015) AK 2 (1990–2022) WI 2 (2021–2022) NH 2 (2017–2017) TN 2 (1997–2003)

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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