Diaz claim (Pennsylvania) · Go Syfert
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Diaz claim in Pennsylvania

7 Pennsylvania opinions name it 3 courts 2005–2025 4 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 (4)

CaseFollowedCited
Figueroa v. Pennsylvania Department of Correctionsgreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
2 sentences

2022Given the ordination of Diaz’s brief, we have already outlined the requisite sentencing considerations, supra. Weight of those factors is “exclusively for the sentencing court, and an appellate court [cannot] substitute its own weighing of those factors.” Commonwealth v. Bowen, 975 A.2d 1120, 1123 (Pa. Super. 2009).

2022As Diaz’s sentence fell within the Sentencing Guidelines, we are cognizant that “[t]he primary consideration[s] … [are] whether the court imposed an individualized sentence[] and whether the sentence was nonetheless … clearly unreasonable[.]” Id., at 1124 .

11
Buehl v. Beardgreen
pacommwct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Br. of Resp’ts at 10- 11 (citing Buehl v. Beard, 54 A.3d 412, 419-20 (Pa. Cmwlth. 2012), aff’d, 91 A.3d 100 (Pa. 2014); Nagle v. Pa. Ins.

11
McMillen v. 84 Lumber, Inc.green
pa · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See McMillan v. 84 Lumber, Inc., 649 A.2d 932, 934 (Pa. 1994).

11
Commonwealth v. Mouzongreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
2 sentences

2005See Commonwealth v. Mouzon, 571 Pa. 419 , 812 A.2d 617 (2002).

2005See Commonwealth v. Mouzon, 571 Pa. 419 , 812 A.2d 617 (2002).

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 (6)

CaseCitedYears
Com. v. Aumick, J. green
pasuperct · 2023
1 sentence

2025Aumick, 297 A.3d at 777 .

12025–2025
Commonwealth v. Smith green
pa · 1980
1 sentence

2022Diaz had a full day to prepare for Mullen's testimony, See Commonwealth v. Smith, 416 A.2d 494 (Pa. 1980) (new trial not required when Commonwealth failed to disclose witness identity until mid-trial where defendant given time to prepare and no prejudice shown).

12022–2022
Commonwealth v. Coulverson green
pasuperct · 2011
1 sentence

2022Although Diaz cites Commonwealth v. Cotlerson, 34 A.3d 135 (Pa. Super. 2011), in support of his argument, this case is distinguishable.

12022–2022
Buehl v. Beard neutral
pa · 2014
1 sentence

2022Br. of Resp’ts at 10- 11 (citing Buehl v. Beard, 54 A.3d 412, 419-20 (Pa. Cmwlth. 2012), aff’d, 91 A.3d 100 (Pa. 2014); Nagle v. Pa. Ins.

12022–2022
Pennsylvania National Mutual Casualty Co. v. Black green
pa · 2007
2 sentences

2011This interpretation is consistent with Pennsylvania National Mutual Casualty Company v. Black, 591 Pa. 221 , 916 A.2d 569 (Pa. 2007).

2011This interpretation is consistent with Pennsylvania National Mutual Casualty Company v. Black, 591 Pa. 221 , 916 A.2d 569 (Pa. 2007).

12011–2011
Commonwealth v. Messmer green
pasuperct · 2004
2 sentences

2005Commonwealth v. Messmer, 2004 PA Super 451 , 863 A.2d 567 (Dec. 1, 2004) ¶ 7 Diaz’s claim of abuse of discretion in sentencing is two-fold: 1) the trial court refused to consider the mental illness as a mitigating factor; and 2), a life sentence was not warranted under the circumstances. ¶ 8 Mental illness is clearly a factor that may be considered in sentencing.

2005Commonwealth v. Messmer, 2004 PA Super 451 , 863 A.2d 567 (Dec. 1, 2004) ¶ 7 Diaz’s claim of abuse of discretion in sentencing is two-fold: 1) the trial court refused to consider the mental illness as a mitigating factor; and 2), a life sentence was not warranted under the circumstances. ¶ 8 Mental illness is clearly a factor that may be considered in sentencing.

12005–2005

Where else courts name it

TX 21 (1996–2025) CA 19 (1984–2026) FL 11 (1990–2026) NY 9 (1982–2025) PA 7 (2005–2025) IL 7 (1992–2024) WA 6 (2014–2026) MD 4 (1992–2005) NC 3 (1991–2022) MT 3 (1986–1998) AZ 3 (2009–2025) IN 3 (1980–2013) NE 2 (2025–2025) HI 2 (1980–2002) LA 2 (1993–2021) GA 2 (1999–2006) CO 2 (2016–2016) SD 2 (2014–2016)

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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