Dennis test (Pennsylvania) · Go Syfert
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Dennis test in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1975–2025 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.

Followed or applied (8)

CaseFollowedCited
Commonwealth v. Dennisgreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025See id. at 306 .

2025See id. at 305-06 . - 13 - Further, the Court found Bane was not willing to testify in Dennis’ defense because, even if they believed that Bane was at the courthouse during trial as she testified to, she did not contact counsel in an attempt to testify on Dennis’ behalf.

11
Commonwealth v. Ivygreen
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
2 sentences

2018See Commonwealth v. Ivy, 146 A.3d 241, 255 (Pa. Super. 2016) (stating that “authority of an appellate court to conduct review of a pretrial order is a jurisdictional matter.”); see also id. (stating that “[t]he general rule in criminal cases is that a defendant ____________________________________________ 2 The docket and record do not indicate any action on the Motion for Reconsideration.

2018See Commonwealth v. Ivy, 146 A.3d 241, 255 (Pa. Super. 2016) (stating that “authority of an appellate court to conduct review of a pretrial order is a jurisdictional matter.”); see also id. (stating that “[t]he general rule in criminal cases is that a defendant ____________________________________________ 2 The docket and record do not indicate any action on the Motion for Reconsideration.

11
Commonwealth v. Montalvo, N., Apltgreen
pa · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See id.

11
In Re Ullmangreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Ir re Ullman, 995 A.2d 1207, 1211-12 (Pa.Super. 2010) (“[T]his Court is willing to liberally construe materials filed by a pro se litigant, [however] pro se status confers no special benefit upon the appellant.”).

11
American Communications Assn. v. Doudsgreen
scotus · 1950 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979Though the clear and present danger test retains a limited viability in the area of contempt of court, see, In re Little, 404 U.S. 553, 555 (1972), it essentially fell by the wayside in Dennis v. United States, 341 U.S. 494, 510 (1951), where the Court modified the old rule into a relative test wherein ‘“[courts] must aslc whether the gravity of the “evil,” discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.’ ” The Dennis test evolved into the so-called “balancing” test of American Communications Assn. v. Douds, 339 U.S. 382, 399 (1950)

1979Though the clear and present danger test retains a limited viability in the area of contempt of court, see, In re Little, 404 U.S. 553, 555 (1972), it essentially fell by the wayside in Dennis v. United States, 341 U.S. 494, 510 (1951), where the Court modified the old rule into a relative test wherein ‘“[courts] must aslc whether the gravity of the “evil,” discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.’ ” The Dennis test evolved into the so-called “balancing” test of American Communications Assn. v. Douds, 339 U.S. 382, 399 (1950)

11
Dennis v. United Statesgreen
scotus · 1951 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979Though the clear and present danger test retains a limited viability in the area of contempt of court, see, In re Little, 404 U.S. 553, 555 (1972), it essentially fell by the wayside in Dennis v. United States, 341 U.S. 494, 510 (1951), where the Court modified the old rule into a relative test wherein ‘“[courts] must aslc whether the gravity of the “evil,” discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.’ ” The Dennis test evolved into the so-called “balancing” test of American Communications Assn. v. Douds, 339 U.S. 382, 399 (1950)

1979Though the clear and present danger test retains a limited viability in the area of contempt of court, see, In re Little, 404 U.S. 553, 555 (1972), it essentially fell by the wayside in Dennis v. United States, 341 U.S. 494, 510 (1951), where the Court modified the old rule into a relative test wherein ‘“[courts] must aslc whether the gravity of the “evil,” discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.’ ” The Dennis test evolved into the so-called “balancing” test of American Communications Assn. v. Douds, 339 U.S. 382, 399 (1950)

11
In Re Littlegreen
scotus · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979Though the clear and present danger test retains a limited viability in the area of contempt of court, see, In re Little, 404 U.S. 553, 555 (1972), it essentially fell by the wayside in Dennis v. United States, 341 U.S. 494, 510 (1951), where the Court modified the old rule into a relative test wherein ‘“[courts] must aslc whether the gravity of the “evil,” discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.’ ” The Dennis test evolved into the so-called “balancing” test of American Communications Assn. v. Douds, 339 U.S. 382, 399 (1950)

1979Though the clear and present danger test retains a limited viability in the area of contempt of court, see, In re Little, 404 U.S. 553, 555 (1972), it essentially fell by the wayside in Dennis v. United States, 341 U.S. 494, 510 (1951), where the Court modified the old rule into a relative test wherein ‘“[courts] must aslc whether the gravity of the “evil,” discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.’ ” The Dennis test evolved into the so-called “balancing” test of American Communications Assn. v. Douds, 339 U.S. 382, 399 (1950)

11
Commonwealth v. Hendersongreen
pa · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1975–1975
2 sentences

1975Having cited Collins, supra, our Supreme Court has further stated that “[t] he application of the standard requires a consideration of the reasonable inferences which the jury (or fact-finder) may make from the prosecution’s evidence.” Commonwealth v. Henderson, 451 Pa. 452, 454 , 304 A.2d 154, 156 (1973).

1975Having cited Collins, supra, our Supreme Court has further stated that “[t] he application of the standard requires a consideration of the reasonable inferences which the jury (or fact-finder) may make from the prosecution’s evidence.” Commonwealth v. Henderson, 451 Pa. 452, 454 , 304 A.2d 154, 156 (1973).

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
Thomas v. City of Philadelphia green
pacommwct · 1990
2 sentences

1993The majority purports to distinguish Dennis’ claim from cases where the Court determined that special relationships were created between an individual and the police to invoke exception to the no-duty rule articulated in Thomas v. City of Philadelphia, 133 Pa.Commonwealth Ct. 121, 574 A.2d 1205 , appeal denied, 527 Pa. 659 , 593 A.2d 429 (1990).

1993The majority purports to distinguish Dennis’ claim from cases where the Court determined that special relationships were created between an individual and the police to invoke exception to the no-duty rule articulated in Thomas v. City of Philadelphia, 133 Pa.Commonwealth Ct. 121, 574 A.2d 1205 , appeal denied, 527 Pa. 659 , 593 A.2d 429 (1990).

11993–1993
Konigsberg v. State Bar of Cal. green
scotus · 1961
2 sentences

1979Though the clear and present danger test retains a limited viability in the area of contempt of court, see, In re Little, 404 U.S. 553, 555 (1972), it essentially fell by the wayside in Dennis v. United States, 341 U.S. 494, 510 (1951), where the Court modified the old rule into a relative test wherein ‘“[courts] must aslc whether the gravity of the “evil,” discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.’ ” The Dennis test evolved into the so-called “balancing” test of American Communications Assn. v. Douds, 339 U.S. 382, 399 (1950)

1979Though the clear and present danger test retains a limited viability in the area of contempt of court, see, In re Little, 404 U.S. 553, 555 (1972), it essentially fell by the wayside in Dennis v. United States, 341 U.S. 494, 510 (1951), where the Court modified the old rule into a relative test wherein ‘“[courts] must aslc whether the gravity of the “evil,” discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.’ ” The Dennis test evolved into the so-called “balancing” test of American Communications Assn. v. Douds, 339 U.S. 382, 399 (1950)

11979–1979
Commonwealth v. Collins green
pa · 1969
2 sentences

1975In applying the Dennis standard, our Superior Court in Commonwealth v. Collins, 436 Pa. 114 , 259 A.2d 160 (1969), has said that such a standard allows the trier of fact to function and that any rule more favorable to a defendant would take away this fact finding obligation.

1975In applying the Dennis standard, our Superior Court in Commonwealth v. Collins, 436 Pa. 114 , 259 A.2d 160 (1969), has said that such a standard allows the trier of fact to function and that any rule more favorable to a defendant would take away this fact finding obligation.

11975–1975

Where else courts name it

FL 8 (1991–2024) PA 7 (1975–2025) TX 7 (1996–2003) CA 5 (2005–2026) OH 5 (1997–2026) SC 4 (2024–2026) ME 4 (1991–2018) IL 3 (1989–2026) MS 3 (2004–2018) IA 3 (2018–2021) MT 2 (2010–2018) KY 2 (2011–2012) WA 2 (2007–2007) TN 2 (2015–2025) AZ 2 (2018–2024) UT 2 (2011–2013) AL 2 (2009–2023)

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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