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8 Pennsylvania opinions name it 4 courts 2001–2017 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. Gaffneygreen2 sentences2006Previously, in Commonwealth v. Gaffney, 557 Pa. 327, 334 , 733 A.2d 616, 619-20 (1999), a companion case to Williams I, to determine whether the Act's reporting requirements are penal in nature thereby constituting criminal punishment, we utilized the Artway/Verniero test promulgated by the Third Circuit Court of Appeals. 2006Previously, in Commonwealth v. Gaffney, 557 Pa. 327, 334 , 733 A.2d 616, 619-20 (1999), a companion case to Williams I, to determine whether the Act's reporting requirements are penal in nature thereby constituting criminal punishment, we utilized the Artway/Verniero test promulgated by the Third Circuit Court of Appeals. | 5 | 5 |
cluster 716733green2 sentences2003VI, cl. 2. [2] Indeed, the majority opinion claims that it is "abandoning" the Artway/Verniero test, Artway v. Attorney General, 81 F.3d 1235 (3d Cir.1996) and "adopting" the Smith v. Doe, 538 U.S. 84 , 123 S.Ct. 1140 , 155 L.Ed.2d 164 (2003) test to evaluate ex post facto claims. 2003Indeed, the majority opinion claims that it is "abandoning” the Artway/Verniero test, Artway v. Attorney General, 81 F.3d 1235 (3d Cir.1996) and "adopting” the Smith v. Doe, 538 U.S. 84 , 123 S.Ct. 1140 , 155 L.Ed.2d 164 (2003) test to evaluate ex post facto claims. | 2 | 4 |
Lehman v. Pennsylvania State Policegreen2 sentences2017After the United States Supreme Court adopted the intent-effects test in Smith, however, we did the same—announcing that we would abandon the Artway/Verniero test “[i]n order to promote consistency.” Lehman, 839 A.2d at 271 . 2015Several months later, in Lehman v. Pennsylvania State Police, 576 Pa. 365 , 839 A.2d 265 (2003), the Supreme Court clarified the controlling standard and held that “we are formally abandoning the Artway/Verniero test, adopting instead the Smith v. Doe test used in Williams,” for ex post facto challenges. | 1 | 3 |
Calder v. Bullgreen1 sentence2017Nor should we ignore that this Court consistently has relied upon federal precedent when resolving state ex post facto claims, see e.g., Young, 637 A.2d at 1317 (citing Calder, 3 U.S. at 390, and Collins v. Youngblood, 497 U.S. 37, 40-51 (1990)); Commonwealth v. Duffy, 96 Pa. 506, 513 (Pa. 1880) (defining “ex post facto laws” consistent with Justice Chase’s definition in Calder); Kalck, 87 A. at 62 (noting that the rule announced in Calder remains unchanged), occasionally even going so far as to suggest that the resolution of an “appellant’s federal ex post facto claim disposes of his 6 See Ar | 1 | 1 |
Collins v. Youngbloodgreen1 sentence2017Nor should we ignore that this Court consistently has relied upon federal precedent when resolving state ex post facto claims, see e.g., Young, 637 A.2d at 1317 (citing Calder, 3 U.S. at 390, and Collins v. Youngblood, 497 U.S. 37, 40-51 (1990)); Commonwealth v. Duffy, 96 Pa. 506, 513 (Pa. 1880) (defining “ex post facto laws” consistent with Justice Chase’s definition in Calder); Kalck, 87 A. at 62 (noting that the rule announced in Calder remains unchanged), occasionally even going so far as to suggest that the resolution of an “appellant’s federal ex post facto claim disposes of his 6 See Ar | 1 | 1 |
Commonwealth v. Duffygreen1 sentence2017Nor should we ignore that this Court consistently has relied upon federal precedent when resolving state ex post facto claims, see e.g., Young, 637 A.2d at 1317 (citing Calder, 3 U.S. at 390, and Collins v. Youngblood, 497 U.S. 37, 40-51 (1990)); Commonwealth v. Duffy, 96 Pa. 506, 513 (Pa. 1880) (defining “ex post facto laws” consistent with Justice Chase’s definition in Calder); Kalck, 87 A. at 62 (noting that the rule announced in Calder remains unchanged), occasionally even going so far as to suggest that the resolution of an “appellant’s federal ex post facto claim disposes of his 6 See Ar | 1 | 1 |
Commonwealth v. Kalckgreen1 sentence2017Nor should we ignore that this Court consistently has relied upon federal precedent when resolving state ex post facto claims, see e.g., Young, 637 A.2d at 1317 (citing Calder, 3 U.S. at 390, and Collins v. Youngblood, 497 U.S. 37, 40-51 (1990)); Commonwealth v. Duffy, 96 Pa. 506, 513 (Pa. 1880) (defining “ex post facto laws” consistent with Justice Chase’s definition in Calder); Kalck, 87 A. at 62 (noting that the rule announced in Calder remains unchanged), occasionally even going so far as to suggest that the resolution of an “appellant’s federal ex post facto claim disposes of his 6 See Ar | 1 | 1 |
Commonwealth v. Fishergreen1 sentence2017Nor should we ignore that this Court consistently has relied upon federal precedent when resolving state ex post facto claims, see e.g., Young, 637 A.2d at 1317 (citing Calder, 3 U.S. at 390, and Collins v. Youngblood, 497 U.S. 37, 40-51 (1990)); Commonwealth v. Duffy, 96 Pa. 506, 513 (Pa. 1880) (defining “ex post facto laws” consistent with Justice Chase’s definition in Calder); Kalck, 87 A. at 62 (noting that the rule announced in Calder remains unchanged), occasionally even going so far as to suggest that the resolution of an “appellant’s federal ex post facto claim disposes of his 6 See Ar | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nos. 96-5132, 96-5416
green
2 sentences2017Nor should we ignore that this Court consistently has relied upon federal precedent when resolving state ex post facto claims, see e.g., Young, 637 A.2d at 1317 (citing Calder, 3 U.S. at 390, and Collins v. Youngblood, 497 U.S. 37, 40-51 (1990)); Commonwealth v. Duffy, 96 Pa. 506, 513 (Pa. 1880) (defining “ex post facto laws” consistent with Justice Chase’s definition in Calder); Kalck, 87 A. at 62 (noting that the rule announced in Calder remains unchanged), occasionally even going so far as to suggest that the resolution of an “appellant’s federal ex post facto claim disposes of his 6 See Ar 2010Artway v. Attorney General, 81 F.3d 1235 (3d Cir.1996); E.B. v. Verniero, 119 F.3d 1077 (3d Cir.1997). | 3 | 2006–2017 |
Commonwealth v. Young
green
2 sentences2003See Commonwealth v. Gaffney, 557 Pa. 327 , 733 A.2d 616, 622 (1999); Commonwealth v. Young, 536 Pa. 57 , 637 A.2d 1313 , 1317 n. 7 (1993). [5] The Artway/Verniero standard, adopted by this Court in Gaffney , was derived from multiple cases decided by the United States Supreme Court. 2003See Commonwealth v. Gaffney, 557 Pa. 327 , 733 A.2d 616, 622 (1999); Commonwealth v. Young, 536 Pa. 57 , 637 A.2d 1313 , 1317 n. 7 (1993). [5] The Artway/Verniero standard, adopted by this Court in Gaffney , was derived from multiple cases decided by the United States Supreme Court. | 2 | 2003–2017 |
Smith v. Doe
green
2 sentences2003Indeed, the majority opinion claims that it is "abandoning” the Artway/Verniero test, Artway v. Attorney General, 81 F.3d 1235 (3d Cir.1996) and "adopting” the Smith v. Doe, 538 U.S. 84 , 123 S.Ct. 1140 , 155 L.Ed.2d 164 (2003) test to evaluate ex post facto claims. 2003Indeed, the majority opinion claims that it is "abandoning” the Artway/Verniero test, Artway v. Attorney General, 81 F.3d 1235 (3d Cir.1996) and "adopting” the Smith v. Doe, 538 U.S. 84 , 123 S.Ct. 1140 , 155 L.Ed.2d 164 (2003) test to evaluate ex post facto claims. | 1 | 2003–2003 |
Commonwealth v. Edmunds
green
2 sentences2001Gaffney, 557 Pa. at 338 , 586 A.2d at 622 . 2001Gaffney, 557 Pa. at 338 , 586 A.2d at 622 . | 1 | 2001–2001 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.