bargain principle (Pennsylvania) · Go Syfert
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bargain principle in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1987–2016 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.

Followed or applied (3)

CaseFollowedCited
Commonwealth v. Colesgreen
pa · 1987 · cited in 4 Pennsylvania opinions naming this issue, 2005–2014
2 sentences

2014See Commonwealth v. Coles, 365 Pa.Super. 562 , 530 A.2d 453 (Pa.Super.1987) (holding that the benefit of the bargain principle commonly applied to the prosecution is also equally applicable to the defendant and imparts upon him the obligation to abide by the negotiated terms of his sentence).

2014See Commonwealth v. Coles, 365 Pa.Super. 562 , 530 A.2d 453 (Pa.Super.1987) (holding that the benefit of the bargain principle commonly applied to the prosecution is also equally applicable to the defendant and imparts upon him the obligation to abide by the negotiated terms of his sentence).

44
cluster 487846green
ca11 · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Id. at 1545 (italics in original).

11
Commonwealth v. Tanngreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014See Commonwealth v. Coles, 530 A.2d 453 (Pa. Super. 1987) (holding that the benefit of the bargain principle commonly applied to the prosecution is also equally applicable to the defendant and imparts upon him the obligation to abide by the negotiated terms of his sentence). [Wallace] at 843 n.6[; s]ee also Commonwealth v. Tann, 79 A.3d 1130, 1133 (Pa. Super. 2013) (citing Wallace for the proposition that once defendant violated the terms of his probation, he “forfeited the benefit of the expectations that induced his plea[]”). [Partee] does not address the Commonwealth's argument or the legal

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 (1)

CaseCitedYears
Commonwealth v. Williams green
pa · 1984
2 sentences

2015In Melvin Williams, this Court opined that the benefit of the bargain principle could apply to “those situations where the Commonwealth promises - 19 - J-S39013-15 to ask for a specific sentence and then in violation of that promise asks for a more severe sentence which is in fact given.” Melvin Williams, supra at 1234 .

2015Hence, unlike Melvin Williams, the “implementation of the ‘benefit of the bargain’ principle can be done with certainty and fairness.” Id.

21987–2015

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9771 (3)

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.

Where else courts name it

MO 20 (1934–2016) CA 19 (1961–2022) TX 11 (1992–2015) TN 9 (1976–2020) OH 8 (1987–2024) PA 7 (1987–2016) WI 7 (1985–2004) IL 7 (1930–2020) MA 7 (1960–2005) KS 5 (1962–2024) FL 5 (1970–2019) WA 5 (1960–2016) MT 4 (2009–2022) NM 4 (1998–2023) OR 3 (1959–2025) MS 3 (1990–2000) CO 3 (1961–1993) NJ 3 (1974–2019) IN 2 (2002–2003) ID 2 (1996–2014) NE 2 (1998–2000) IA 2 (1988–1990) UT 2 (1992–2011) MI 2 (1950–1976) AZ 2 (1968–2021) SC 2 (1974–2006)

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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