58 Pennsylvania opinions name it 6 courts 1934–2024 3 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. Perrygreen2 sentences2017Commonwealth v. Perry, 710 A.2d 1183, 1184 (Pa. Super. 1998) (internal citation omitted). 2002See Commonwealth v. Perry, 710 A.2d 1183, 1184 (Pa.Super.1998). ¶ 8 In support of his first question, Max-on contends that his encounter with the detectives amounted to a formal arrest and not a mere encounter. | 5 | 5 |
Gentzel v. BD. OF EMBALMERS & FUNERAL DIRECTORSgreen2 sentences2015Commonwealth v. Gatlos, 76 A.2d 44, 52 (Pa. Super. 2013) (internal quotations and citations omitted).2 Instantly, Appellant contends that Officer Williams needed something more than the odor of marijuana, what he refers to throughout his brief as “odor + plus,” to establish the probable cause necessary to obtain a search warrant for his apartment. 2014Commonwealth v. Gatlos, 76 A.2d 44, 52 (Pa. Super. 2013) (internal quotations and citations omitted). | 2 | 2 |
Office of Disciplinary Counsel v. Braungreen2 sentences1994Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 161 , 553 A.2d 894, 895 (1989). 1994Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 161 , 553 A.2d 894, 895 (1989). | 2 | 2 |
Commonwealth v. Fogliagreen2 sentences2024Commonwealth v. Foglia, 979 A.2d 357, 360 (Pa. Super. 2009) (citation omitted). 2013Foglia, 979 A.2d at 360 . | 1 | 3 |
Harrisburg School District v. Pennsylvania Interscholastic Athletic Ass'ngreen2 sentences1976(Citations omitted.) In reviewing the findings of the hearing judge, the test is not whether we would have reached the same result on the evidence presented, but rather whether, on due consideration of the evidence, a judge could reasonably have reached the chancellor’s conclusion.” Harrisburg School District v. Pennsylvania Interscholastic Athletic Association, 453 Pa. 495, 499 , 309 A.2d 353, 355-56 (1973). 1 The chancellor’s findings have substantial support from the testimony presented by the borough and we are unable, after thoroughly reviewing the record, to say that a judge might not ha 1976(Citations omitted.) In reviewing the findings of the hearing judge, the test is not whether we would have reached the same result on the evidence presented, but rather whether, on due consideration of the evidence, a judge could reasonably have reached the chancellor’s conclusion.” Harrisburg School District v. Pennsylvania Interscholastic Athletic Association, 453 Pa. 495, 499 , 309 A.2d 353, 355-56 (1973). 1 The chancellor’s findings have substantial support from the testimony presented by the borough and we are unable, after thoroughly reviewing the record, to say that a judge might not ha | 1 | 2 |
Commonwealth v. McCarthygreen1 sentence2024Womack, 315 A.3d at 1237, 1240 n.8. -9- J-A09040-24 time based on the periods of time that the trial court found were excludable.7 See Commonwealth v. McCarthy, 180 A.3d 368, 375 (Pa. Super. 2018). | 1 | 1 |
C.R.F. v. S.E.Fgreen1 sentence2023See C.R.F. v. S.E.F., 45 A.3d 441, 443 (Pa. Super. 2012); see also E.R. v. J.N.B., 129 A.3d 521, 527 (Pa. Super. 2015). | 1 | 1 |
E.R. v. J.N.B.green1 sentence2023See C.R.F. v. S.E.F., 45 A.3d 441, 443 (Pa. Super. 2012); see also E.R. v. J.N.B., 129 A.3d 521, 527 (Pa. Super. 2015). | 1 | 1 |
Commonwealth v. Williamsgreen1 sentence2019"The level of deference accorded to the post -conviction court may or matters of applying the vary depending upon whether the decision involved matters of credibility governing law to the facts as so determined." C'orinnonwealth v. Williams, 950 A.2d 294, 299 (Pa. to deference, but its legal conclusions 2008). | 1 | 1 |
Commonwealth v. Jamesgreen1 sentence2016Commonwealth v. James, 486 A.2d 376, 379 (Pa. 1985). | 1 | 1 |
Commonwealth v. Rigggreen1 sentence2016Commonwealth v. Rigg, 84 A.3d 1080, 1084 (Pa. Super. 2014) (citation omitted). | 1 | 1 |
Commonwealth v. Munizgreen1 sentence2015Commonwealth v. Muniz, 5 A.3d 345, 349 (Pa. Super. 2010) (citations omitted). | 1 | 1 |
Commonwealth v. Gatlosgreen1 sentence2015In the Interest of L.J., 79 A.3d (Footnote Continued Next Page) -4- J-S05043-15 e.g., Commonwealth v. Gatlos, 76 A.3d 44, 50 (Pa. Super. 2013). (“We may only reverse the suppression court if the legal conclusions drawn from the findings are in error.”). | 1 | 1 |
Commonwealth v. Thompsongreen1 sentence2014However, we will consider the arguments presented in the Commonwealth’s original brief filed on February 7, 2014. -2- J-A06009-14 the suppression court's findings if they are supported by the record, and may only reverse the suppression court if the legal conclusions drawn from the findings are in error.” In suppression hearings, “[t]he Commonwealth shall have the burden of going forward with the evidence and of establishing that challenged evidence was not obtained in violation of the defendant's rights.” Commonwealth v. Thompson, 939 A.2d 371, 375 (Pa. Super. 2007) (citations omitted). | 1 | 1 |
In re C.R.S.green1 sentence2003In the Matter of C.R.S., 696 A.2d 840, 843 (Pa.Super.1997). ¶5 Under 42 Pa.C.S.A. § 6302, Definitions, a dependent child is, inter alia, a child who: (1) is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals. | 1 | 1 |
Office of Disciplinary Counsel v. Costigangreen2 sentences1997Further, although we are not bound by the findings of the hearing committee or the board, and although our review of disciplinary matters is de novo, we, nonetheless, “accord substantial deference to the findings and recommendations of the Board.” Disciplinary Counsel v. Costigan, 526 Pa. 16, 20 , 584 A.2d 296, 298 (1990). 1997Further, although we are not bound by the findings of the hearing committee or the board, and although our review of disciplinary matters is de novo, we, nonetheless, “accord substantial deference to the findings and recommendations of the Board.” Disciplinary Counsel v. Costigan, 526 Pa. 16, 20 , 584 A.2d 296, 298 (1990). | 1 | 1 |
In the Interest of J.M.green1 sentence1997See, *145 e.g., J.M., supra, at 416 , 652 A.2d at 880-81 (holding that, on review, this Court will give great weight to the findings of the hearing judge because he is able to observe and rule upon the credibility of the witnesses and the parties who appear before him). | 1 | 1 |
Office of Disciplinary Counsel v. Christiegreen1 sentence1997Office of Disciplinary Counsel v. Christie, 586 Pa. 394, 396 , 639 A.2d 782, 783 (1994). | 1 | 1 |
Klemow v. Time Incorporatedgreen2 sentences1993Janicik v. Prudential Insurance Co. of America, 305 Pa.Super 120, 127, 451 A.2d 451, 454 (1982). “ ‘Trial courts are vested with broad discretion in determining definition of the class as based on commonality of the issues and the propriety of maintaining the action on behalf of the class.’ ” Id., quoting Klemow v. Time, Inc., 466 Pa. 189, 197 , 352 A.2d 12, 16 (1975). 1993Janicik v. Prudential Insurance Co. of America, 305 Pa.Super 120, 127, 451 A.2d 451, 454 (1982). “ ‘Trial courts are vested with broad discretion in determining definition of the class as based on commonality of the issues and the propriety of maintaining the action on behalf of the class.’ ” Id., quoting Klemow v. Time, Inc., 466 Pa. 189, 197 , 352 A.2d 12, 16 (1975). | 1 | 1 |
| Janicik v. Prudential Insurance Co. of Americagreen | 1 | 1 |
| Office of Disciplinary Counsel v. Wittmaackgreen | 1 | 1 |
| Sack v. Feinmangreen | 1 | 1 |
| Hankin v. Hankingreen | 1 | 1 |
| Gottshall v. Battgreen | 1 | 1 |
| Amer. Pavement Co. v. Wagnergreen | 1 | 1 |
| Minns v. Paulgreen | 1 | 1 |
| Commonwealth v. Younggreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Office of Disciplinary Counsel v. Kissel
green
2 sentences1989See, e.g., Office of Disciplinary Counsel v. Wittmaack, 513 Pa. 609 , 522 A.2d 522 (1987) (disbarment for forgery, moral turpitude, fraud or misrepresentation, and failure to disclose conflict of interest); Office of Disciplinary Counsel v. Kissel, 497 Pa. 467 , 442 A.2d 217 (1982) (disbarment for forgery, conversion, dishonesty or moral turpitude, and actions prejudicial to client); Office of Disciplinary Counsel v. Lewis, 493 Pa. 519 , 426 A.2d 1138 (1981) (disbarment for failure to distribute monies due and owing to clients, dishonesty or misrepresentation, neglect, and moral turpitude). *1 1989See, e.g., Office of Disciplinary Counsel v. Wittmaack, 513 Pa. 609 , 522 A.2d 522 (1987) (disbarment for forgery, moral turpitude, fraud or misrepresentation, and failure to disclose conflict of interest); Office of Disciplinary Counsel v. Kissel, 497 Pa. 467 , 442 A.2d 217 (1982) (disbarment for forgery, conversion, dishonesty or moral turpitude, and actions prejudicial to client); Office of Disciplinary Counsel v. Lewis, 493 Pa. 519 , 426 A.2d 1138 (1981) (disbarment for failure to distribute monies due and owing to clients, dishonesty or misrepresentation, neglect, and moral turpitude). *1 | 2 | 1984–1989 |
Klensin v. Board of Governance of Pennsylvania Bar
green
2 sentences1949In Klensin v. Board of Governance of the Pennsylvania Bar , 312 Pa. 564 , 575 , 168 A. 474 , 478 (1933), we said, "[The Board's] function is to determine, assuming the findings of the hearing masters to be correct, whether the recommendation of the masters to us are warranted. 1949In Klensin v. Board of Governance of the Pennsylvania Bar , 312 Pa. 564 , 575 , 168 A. 474 , 478 (1933), we said, "[The Board's] function is to determine, assuming the findings of the hearing masters to be correct, whether the recommendation of the masters to us are warranted. | 2 | 1934–1949 |
Commonwealth v. Gwynn
green
1 sentence2019Thus, to establish the requisite prejudice in a PCRA that, but for counsel's proceeding, the defendant "must show there is a reasonable probability Id. at 320-21 . error or omission, the result of the proceeding would have different." is "whether the findings The standard of review for an appeal from the denial of PCRA relief Commonwealth Gwynn, of the PCRA court are supported by the record and free of legal error." v 943 A.2d 940 , 944 (Pa. 2008). | 1 | 2019–2019 |
Wright v. Commonwealth
green
1 sentence2019Thus, to establish the requisite prejudice in a PCRA that, but for counsel's proceeding, the defendant "must show there is a reasonable probability Id. at 320-21 . error or omission, the result of the proceeding would have different." is "whether the findings The standard of review for an appeal from the denial of PCRA relief Commonwealth Gwynn, of the PCRA court are supported by the record and free of legal error." v 943 A.2d 940 , 944 (Pa. 2008). | 1 | 2019–2019 |
In Re Love
green
1 sentence2016In re Love, 646 A2d 1233 (Pa. Super. 1994). | 1 | 2016–2016 |
Commonwealth v. Ortiz
green
1 sentence2007We are bound by the suppression court’s findings if they are supported by the record, and may only reverse the suppression court if the legal conclusions drawn from the findings are in error.” Id. (citations omitted). | 1 | 2007–2007 |
Pa. Hr Com'n v. Ak Graybill, Etc.
green
2 sentences2006Because the Settlement Agreement was not a final order, i.e., a consent order, the Commission “should have proceeded ... by resumption of the hearing and the eventual entry of whatever order it determined to be appropriate.” Graybill, 482 Pa. at 149 , 393 A.2d at 423 . 15 Although the Commission adopted the findings of the hearing officer and entered an order it determined to be “appropriate,” it never resumed the proceedings that were aborted by execution of the Settlement Agreement by Blue Comet’s counsel. 2006Because the Settlement Agreement was not a final order, i.e., a consent order, the Commission “should have proceeded ... by resumption of the hearing and the eventual entry of whatever order it determined to be appropriate.” Graybill, 482 Pa. at 149 , 393 A.2d at 423 . 15 Although the Commission adopted the findings of the hearing officer and entered an order it determined to be “appropriate,” it never resumed the proceedings that were aborted by execution of the Settlement Agreement by Blue Comet’s counsel. | 1 | 2006–2006 |
McMillen v. McMillen
green
1 sentence2002During the summer the girls will rotate one week with Father and one week with Mother.” Id. b. ¶ 25 Mother’s second main argument condemning the sufficiency of the trial court’s findings and analysis is that “the Trial Court committed an error of law or gross abuse of discretion when it concluded that it was in the children’s best interests to have unsupervised visits with Father.” Brief of Appellant at 35. | 1 | 2002–2002 |
Delaware Valley School District v. Daniel G. Ex Rel. Robert
neutral
2 sentences2002Id. 2002Id. | 1 | 2002–2002 |
Harbaugh v. Commonwealth
green
1 sentence2000Harbaugh v. Pennsylvania Labor Relations Board, 107 Pa. Cmwlth. 406, 528 A.2d 1024 (1987). | 1 | 2000–2000 |
Commonwealth v. Dangle
green
1 sentence1998Id. *1185 With this standard of review in mind, the record reveals the following: Appellant was involved in an automobile accident on the morning of March 1, 1996. | 1 | 1998–1998 |
| Office of Disciplinary Counsel v. Lewis green | 1 | 1989–1989 |
| Office of Disciplinary Counsel v. Lucarini green | 1 | 1986–1986 |
| Berlant Appeal green | 1 | 1984–1984 |
| Office of Disciplinary Counsel v. Grigsby green | 1 | 1984–1984 |
| Commonwealth v. Smallwood green | 1 | 1984–1984 |
| Jones v. Floyd green | 1 | 1983–1983 |
| Savka v. Commonwealth green | 1 | 1983–1983 |
| Krawitz v. Commonwealth green | 1 | 1983–1983 |
| Silvio v. Commonwealth green | 1 | 1983–1983 |
| In Re Estate of Thomas green | 1 | 1983–1983 |
| Budzinski v. Commonwealth green | 1 | 1982–1982 |
| Brayo v. Commonwealth green | 1 | 1982–1982 |
| Matter of Green green | 1 | 1981–1981 |
| Joseph Carl Brown, Jr. v. Richard P. Joseph, Esquire green | 1 | 1979–1979 |
| Edward John v. Albert Hurt green | 1 | 1979–1979 |
| Commonwealth ex rel. Gregory v. Gregory green | 1 | 1977–1977 |
| Rau v. Wilden Acres, Inc. green | 1 | 1976–1976 |
| Freedman v. West Hazleton Borough green | 1 | 1976–1976 |
| Masciantonio Will green | 1 | 1973–1973 |
| Yuhas v. Schmidt green | 1 | 1973–1973 |
| Commonwealth v. Harris green | 1 | 1973–1973 |
| Commonwealth v. Emerick green | 1 | 1968–1968 |
| Commonwealth v. Strobel green | 1 | 1968–1968 |
| Commonwealth v. Strobel green | 1 | 1968–1968 |
| Brightbill v. Boeshore green | 1 | 1960–1960 |
| Belmont Laboratories, Inc. v. Heist green | 1 | 1958–1958 |
| Moore Et Ux. v. Doyle neutral | 1 | 1955–1955 |
| Montgomery Adoption Case green | 1 | 1951–1951 |
| Susko Adoption Case green | 1 | 1951–1951 |
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.
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.