considers error (Pennsylvania) · Go Syfert
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considers error in Pennsylvania

7 Pennsylvania opinions name it 4 courts 1974–2024 2 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 (8)

CaseFollowedCited
Brinkley v. Kinggreen
pa · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024Recognizing that the presumption applies “only where the underlying policy of the presumption, i.e., to preserve marriages, would be advanced by its application,” Trial Court Opinion, 5/27/2022, at 5 (unpaginated) (quoting Brinkley v. King, 701 A.2d 176, 179 (Pa. 1997) (plurality)),6 the trial court examined Superior Court case law holding that the presumption is inapplicable where the marriage in question does not require protection.

2024Id.

11
Commonwealth v. L.P.green
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Commonwealth v. L.P., 137 A.3d 629, 635 (Pa.Super. 2016) (internal quotation marks and some citations omitted; citation formatting amended). - 10 - J-S27036-24 Section 6355(a)(4)(iii) provides as follows: (iii) ...

11
Niemiec v. Allstate Insurancegreen
pasuperct · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001
1 sentence

2001See also, Pa.R.C.P. 1705 (stating that issues of fact with respect to the class action allegations are not to be raised in preliminary objections); Niemiec, 721 A. 2d at 810 (distinguishing between the certification and the pleading stages by stating that “upon a motion for class action certification the court considers whether a claim may be brought by a class of plaintiffs, whereas at the earlier, preliminary objection stage, the court must decide whether there exists a valid claim to be brought at all, no matter who the plaintiff”). 13 The court shares SmithKline’s doubts about whether the

11
Weinberg v. Sun Co., Inc.green
pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001
2 sentences

2001See 565 Pa. at 618 , 777 A.2d at 446 .

2001See 565 Pa. at 618 , 777 A.2d at 446 .

11
Commonwealth v. Thompsongreen
pa · 1994 · cited in 1 Pennsylvania opinions naming this issue, 1996–1996
2 sentences

1996Commonwealth v. Thompson, 538 Pa. 297, 307 , 648 A.2d 315, 320 (1994).

1996Commonwealth v. Thompson, 538 Pa. 297, 307 , 648 A.2d 315, 320 (1994).

11
Food Fair Stores, Inc. v. Klinegreen
pa · 1959 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
2 sentences

1995Food Fair Stores Inc. v. Kline, 396 Pa. 397, 399 , 152 A.2d 661, 662 (1959). (citations omitted) In applying this principle, the court considers whether a violation of a requirement is de minimis.

1995Food Fair Stores Inc. v. Kline, 396 Pa. 397, 399 , 152 A.2d 661, 662 (1959). (citations omitted) In applying this principle, the court considers whether a violation of a requirement is de minimis.

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Ex Parte Bainred
scotus · 1887 · cited in 1 Pennsylvania opinions naming this issue, 1974–1974
2 sentences

1974In Commonwealth v. Neuman, 151 Pa. Superior Ct. 642, 652 , 30 A. 2d 698, 703 (1943) our Court said: "There has been a constant trend toward liberalizing, both by statute and decision, the amendability of indictments, . . ." See also, Commonwealth v. Ballow, 171 Pa. Superior Ct. 54 , 90 A. 2d 363 (1952). [4] The Constitution of Pennsylvania, Article I, Section 9, provides as follows: "In all criminal prosecutions the accused hath both a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him. . . ." The Fifth Amendment to the United States Cons

1974In Commonwealth v. Neuman, 151 Pa. Superior Ct. 642, 652 , 30 A. 2d 698, 703 (1943) our Court said: "There has been a constant trend toward liberalizing, both by statute and decision, the amendability of indictments, . . ." See also, Commonwealth v. Ballow, 171 Pa. Superior Ct. 54 , 90 A. 2d 363 (1952). [4] The Constitution of Pennsylvania, Article I, Section 9, provides as follows: "In all criminal prosecutions the accused hath both a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him. . . ." The Fifth Amendment to the United States Cons

11
Rosato v. Lamentgreen
pa · 1943 · cited in 1 Pennsylvania opinions naming this issue, 1974–1974
2 sentences

1974In Commonwealth v. Neuman, 151 Pa. Superior Ct. 642, 652 , 30 A. 2d 698, 703 (1943) our Court said: "There has been a constant trend toward liberalizing, both by statute and decision, the amendability of indictments, . . ." See also, Commonwealth v. Ballow, 171 Pa. Superior Ct. 54 , 90 A. 2d 363 (1952). [4] The Constitution of Pennsylvania, Article I, Section 9, provides as follows: "In all criminal prosecutions the accused hath both a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him. . . ." The Fifth Amendment to the United States Cons

1974In Commonwealth v. Neuman, 151 Pa. Superior Ct. 642, 652 , 30 A. 2d 698, 703 (1943) our Court said: “There has been a constant trend toward liberalizing, both by statute and decision, the amendability of indictments, . . .” See also, Commonwealth v. Ballow, 171 Pa. Superior Ct. 54 , 90 A. 2d 363 (1952).

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 (3)

CaseCitedYears
Commonwealth v. Bing green
pa · 1998
1 sentence

2016Id. at 58 .

12016–2016
Commonwealth v. Ballow green
pasuperct · 1952
2 sentences

1974In Commonwealth v. Neuman, 151 Pa. Superior Ct. 642, 652 , 30 A. 2d 698, 703 (1943) our Court said: "There has been a constant trend toward liberalizing, both by statute and decision, the amendability of indictments, . . ." See also, Commonwealth v. Ballow, 171 Pa. Superior Ct. 54 , 90 A. 2d 363 (1952). [4] The Constitution of Pennsylvania, Article I, Section 9, provides as follows: "In all criminal prosecutions the accused hath both a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him. . . ." The Fifth Amendment to the United States Cons

1974In Commonwealth v. Neuman, 151 Pa. Superior Ct. 642, 652 , 30 A. 2d 698, 703 (1943) our Court said: "There has been a constant trend toward liberalizing, both by statute and decision, the amendability of indictments, . . ." See also, Commonwealth v. Ballow, 171 Pa. Superior Ct. 54 , 90 A. 2d 363 (1952). [4] The Constitution of Pennsylvania, Article I, Section 9, provides as follows: "In all criminal prosecutions the accused hath both a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him. . . ." The Fifth Amendment to the United States Cons

11974–1974
Commonwealth v. Neuman green
pasuperct · 1942
2 sentences

1974In Commonwealth v. Neuman, 151 Pa. Superior Ct. 642, 652 , 30 A. 2d 698, 703 (1943) our Court said: "There has been a constant trend toward liberalizing, both by statute and decision, the amendability of indictments, . . ." See also, Commonwealth v. Ballow, 171 Pa. Superior Ct. 54 , 90 A. 2d 363 (1952). [4] The Constitution of Pennsylvania, Article I, Section 9, provides as follows: "In all criminal prosecutions the accused hath both a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him. . . ." The Fifth Amendment to the United States Cons

1974In Commonwealth v. Neuman, 151 Pa. Superior Ct. 642, 652 , 30 A. 2d 698, 703 (1943) our Court said: “There has been a constant trend toward liberalizing, both by statute and decision, the amendability of indictments, . . .” See also, Commonwealth v. Ballow, 171 Pa. Superior Ct. 54 , 90 A. 2d 363 (1952).

11974–1974

Where else courts name it

IL 100 (1982–2026) IN 33 (1985–2020) CA 31 (1991–2026) TX 30 (1984–2026) OH 21 (2000–2026) IA 18 (1999–2025) WA 17 (1966–2025) UT 14 (1990–2020) KS 14 (1983–2026) MD 13 (1995–2025) MI 13 (1983–2026) AL 13 (1976–2017) VA 12 (1984–2020) DE 12 (1963–2026) MS 10 (1987–2023) ID 9 (1998–2026) TN 9 (2002–2024) GA 8 (2009–2025) NJ 7 (2019–2024) DC 7 (1974–2009) NY 7 (1954–2006) PA 7 (1974–2024) MN 7 (1995–2016) MO 7 (1991–2015) OR 7 (1999–2026) MA 6 (2003–2019) NC 6 (2003–2026) LA 5 (1995–2016) CT 5 (1992–2004) AZ 5 (1990–2023) WI 4 (2020–2025) ME 3 (2014–2023) MT 3 (1981–2007) CO 3 (2003–2025) FL 3 (1986–2019) RI 3 (1989–1998) OK 2 (1993–2010) VT 2 (2011–2019) NV 2 (2008–2024) WY 2 (1994–2000) AR 2 (2020–2021) SD 2 (1996–2000)

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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