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7 Pennsylvania opinions name it 3 courts 1976–2021 1 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 |
|---|---|---|
Dilliplaine v. Lehigh Valley Trust Co.green2 sentences1979See, e. g., Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974). 1979See, e. g., Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974). | 1 | 1 |
Commonwealth v. Cambricgreen2 sentences1978However, no specific objection was made to that portion of the charge, and hence this claim is waived, Pennsylvania Rule of Criminal Procedure 1119(b); cf. Commonwealth v. Cambric, 475 Pa. 454, 456 , 380 A.2d 1224, 1225 (1977). 1978However, no specific objection was made to that portion of the charge, and hence this claim is waived, Pennsylvania Rule of Criminal Procedure 1119(b); cf. Commonwealth v. Cambric, 475 Pa. 454, 456 , 380 A.2d 1224, 1225 (1977). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Riggins
green
2 sentences1995“We admitted such testimony on the ground that the declarations of the deceased indicated an existing intent or state of mind of the deceased-declarant and, since such declarations were made in a ‘natural manner’ and were material and relevant, their admission could be justified as an exception to the hearsay rule.” While it is true that such evidence will not be received as proof of the conduct of the accused (rather it relates to the state of mind of the declarant) the burden has been traditionally placed upon the accused to request a clarifying instruction---- Riggins, 478 Pa. at 234 , 386 1995“We admitted such testimony on the ground that the declarations of the deceased indicated an existing intent or state of mind of the deceased-declarant and, since such declarations were made in a ‘natural manner’ and were material and relevant, their admission could be justified as an exception to the hearsay rule.” While it is true that such evidence will not be received as proof of the conduct of the accused (rather it relates to the state of mind of the declarant) the burden has been traditionally placed upon the accused to request a clarifying instruction---- Riggins, 478 Pa. at 234 , 386 | 2 | 1995–1995 |
Vautar v. First National Bank of Pennsylvania
green
1 sentence2021Id. at 3685a-86a. | 1 | 2021–2021 |
Commonwealth v. Lowenberg
green
2 sentences1995Similarly, in Commonwealth v. Lowenberg, 481 Pa. 244 , 392 A.2d 1274 (1978), the statement of a murdered 82 year old woman, which was offered to establish the intention of the deceased to see the defendant and confront him concerning a financial matter she considered serious, was properly admitted because it came *77 within the state of mind exception to the hearsay rule. 1995Similarly, in Commonwealth v. Lowenberg, 481 Pa. 244 , 392 A.2d 1274 (1978), the statement of a murdered 82 year old woman, which was offered to establish the intention of the deceased to see the defendant and confront him concerning a financial matter she considered serious, was properly admitted because it came *77 within the state of mind exception to the hearsay rule. | 1 | 1995–1995 |
Commonwealth v. Mulgrew
green
2 sentences1987As to the failure to request a “Mulgrew instruction,” i.e. a clarifying instruction to the jury as to “the possible psychiatric treatment and commitment of the defendant after the return of a verdict of not guilty by reason of insanity,” 475 Pa. at 278 , 380 A.2d at 352 , there is also no question that such a request would have had arguable merit. 1987As to the failure to request a “Mulgrew instruction,” i.e. a clarifying instruction to the jury as to “the possible psychiatric treatment and commitment of the defendant after the return of a verdict of not guilty by reason of insanity,” 475 Pa. at 278 , 380 A.2d at 352 , there is also no question that such a request would have had arguable merit. | 1 | 1987–1987 |
Commonwealth v. McCann
green
2 sentences1987However, as we stated in Commonwealth v. McCann, 503 Pa. 190, 195 , 469 A.2d 126 (1983), “Mulgrew was not intended to announce a per se rule requiring in all cases, regardless of whether or not requested, an instruction on the consequences of not guilty by reason of insanity verdict.” Rather, the decision whether to request such an instruction is a matter within the realm of trial strategy. 1987However, as we stated in Commonwealth v. McCann, 503 Pa. 190, 195 , 469 A.2d 126 (1983), “Mulgrew was not intended to announce a per se rule requiring in all cases, regardless of whether or not requested, an instruction on the consequences of not guilty by reason of insanity verdict.” Rather, the decision whether to request such an instruction is a matter within the realm of trial strategy. | 1 | 1987–1987 |
Commonwealth v. Thomas
green
2 sentences1978Jones stated for a unanimous Court in Commonwealth v. Thomas, supra, 410 Pa. at 170 , 189 A.2d at 260 , “We admitted such testimony on the ground that the declarations of the deceased indicated an existing intent or state of mind of the deceased-declarant and, since such declarations were made in a ‘natural manner’ and were material and relevant, their admission could be justified as an exception to the hearsay rule.” While it is true that such evidence will not be received as proof of the conduct of the accused (rather it relates to the state of mind of the declarant) the burden has been trad 1978Jones stated for a unanimous Court in Commonwealth v. Thomas, supra, 410 Pa. at 170 , 189 A.2d at 260 , “We admitted such testimony on the ground that the declarations of the deceased indicated an existing intent or state of mind of the deceased-declarant and, since such declarations were made in a ‘natural manner’ and were material and relevant, their admission could be justified as an exception to the hearsay rule.” While it is true that such evidence will not be received as proof of the conduct of the accused (rather it relates to the state of mind of the declarant) the burden has been trad | 1 | 1978–1978 |
Gallagher v. Four Winds Motel-Hotel
green
2 sentences1976Gallagher v. Four Winds Motel-Hotel, 233 Pa.Super. 1 , 335 A.2d 394 (1975). 1976Gallagher v. Four Winds Motel-Hotel, 233 Pa.Super. 1 , 335 A.2d 394 (1975). | 1 | 1976–1976 |
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.