dual sovereignty doctrine (Pennsylvania) · Go Syfert
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dual sovereignty doctrine in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1980–2021 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.

Followed or applied (2)

CaseFollowedCited
Commonwealth v. Pittsgreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See Commonwealth v. Pitts, 981 A.2d 875 , 879 n.3 (Pa. 2009). -6- J-S10008-21 Appellant’s Brief at 4 (unnecessary capitalization omitted).5 It is well-settled law that in reviewing the denial of PCRA relief, “we examine whether the PCRA court’s determination is supported by the record and free of legal error.” Commonwealth v. Fears, 86 A.3d 795, 803 (Pa. 2014) (quotations and citations omitted).

2021See Commonwealth v. Pitts, 981 A.2d 875 , 879 n.3 (Pa. 2009). -6- J-S10008-21 Appellant’s Brief at 4 (unnecessary capitalization omitted).5 It is well-settled law that in reviewing the denial of PCRA relief, “we examine whether the PCRA court’s determination is supported by the record and free of legal error.” Commonwealth v. Fears, 86 A.3d 795, 803 (Pa. 2014) (quotations and citations omitted).

11
Commonwealth v. Fearsgreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See Commonwealth v. Pitts, 981 A.2d 875 , 879 n.3 (Pa. 2009). -6- J-S10008-21 Appellant’s Brief at 4 (unnecessary capitalization omitted).5 It is well-settled law that in reviewing the denial of PCRA relief, “we examine whether the PCRA court’s determination is supported by the record and free of legal error.” Commonwealth v. Fears, 86 A.3d 795, 803 (Pa. 2014) (quotations and citations omitted).

2021See Commonwealth v. Pitts, 981 A.2d 875 , 879 n.3 (Pa. 2009). -6- J-S10008-21 Appellant’s Brief at 4 (unnecessary capitalization omitted).5 It is well-settled law that in reviewing the denial of PCRA relief, “we examine whether the PCRA court’s determination is supported by the record and free of legal error.” Commonwealth v. Fears, 86 A.3d 795, 803 (Pa. 2014) (quotations and citations omitted).

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 (5)

CaseCitedYears
Gamble v. United States green
scotus · 2019
2 sentences

2020Gamble v. United States, ___ U.S. ___, 139 S.Ct. 1960 , 204 L.Ed.2d 322 (2019).

2020Gamble v. United States, ___ U.S. ___, 139 S.Ct. 1960 , 204 L.Ed.2d 322 (2019).

22020–2020
Heath v. Alabama green
scotus · 1985
2 sentences

1997Under the dual sovereignty doctrine, articulated in Heath v. Alabama, 474 U.S. 82 , 106 S.Ct. 433 , 88 L.Ed.2d 387 (1985), two states may prosecute an accused for the same conduct.

1997Under the dual sovereignty doctrine, articulated in Heath v. Alabama, 474 U.S. 82 , 106 S.Ct. 433 , 88 L.Ed.2d 387 (1985), two states may prosecute an accused for the same conduct.

21997–2000
United States v. Lanza green
scotus · 1922
2 sentences

1984Section 111 of the Crimes Code was enacted in direct response to our Supreme Court’s decision in Commonwealth v. Mills, 447 Pa. 163 , 286 A.2d 638 (1971), which contained an extensive analysis of the considerations involved in reconciling the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution with the dual sovereignty doctrine developed in the seminal case of United States v. Lanza, 260 U.S. 377 , 43 S.Ct. 141 , 67 L.Ed. 314 (1922).

1984Section 111 of the Crimes Code was enacted in direct response to our Supreme Court’s decision in Commonwealth v. Mills, 447 Pa. 163 , 286 A.2d 638 (1971), which contained an extensive analysis of the considerations involved in reconciling the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution with the dual sovereignty doctrine developed in the seminal case of United States v. Lanza, 260 U.S. 377 , 43 S.Ct. 141 , 67 L.Ed. 314 (1922).

21980–1984
Commonwealth v. Mills green
pa · 1971
2 sentences

1984Section 111 of the Crimes Code was enacted in direct response to our Supreme Court’s decision in Commonwealth v. Mills, 447 Pa. 163 , 286 A.2d 638 (1971), which contained an extensive analysis of the considerations involved in reconciling the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution with the dual sovereignty doctrine developed in the seminal case of United States v. Lanza, 260 U.S. 377 , 43 S.Ct. 141 , 67 L.Ed. 314 (1922).

1984Section 111 of the Crimes Code was enacted in direct response to our Supreme Court’s decision in Commonwealth v. Mills, 447 Pa. 163 , 286 A.2d 638 (1971), which contained an extensive analysis of the considerations involved in reconciling the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution with the dual sovereignty doctrine developed in the seminal case of United States v. Lanza, 260 U.S. 377 , 43 S.Ct. 141 , 67 L.Ed. 314 (1922).

21980–1984
Moore v. Illinois green
· 1852
2 sentences

1997When a defendant in a single act violates the “peace and dignity” of two sovereigns by breaking the laws of each, he has committed two distinct “of-fences.” As the Court explained in Moore v. Illinois, 14 How. 13, 19 , 14 L.Ed. 306 (1852), “[a]n offence, in its legal signification, means the transgression of a law.” Consequently, when the same act transgresses the laws of two sovereigns, “it cannot be truly averred that the offender has been twice punished for the same offense; but only that by one act he has committed two offenses, for each of which he is justly punishable.” In applying the d

1997When a defendant in a single act violates the “peace and dignity” of two sovereigns by breaking the laws of each, he has committed two distinct “of-fences.” As the Court explained in Moore v. Illinois, 14 How. 13, 19 , 14 L.Ed. 306 (1852), “[a]n offence, in its legal signification, means the transgression of a law.” Consequently, when the same act transgresses the laws of two sovereigns, “it cannot be truly averred that the offender has been twice punished for the same offense; but only that by one act he has committed two offenses, for each of which he is justly punishable.” In applying the d

11997–1997

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 903 (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

TX 21 (1988–2025) MI 14 (1975–2018) OH 11 (1971–2024) GA 11 (1987–2020) MD 10 (1984–2017) CO 10 (1977–2026) NJ 9 (1977–2022) TN 8 (2000–2006) PA 7 (1980–2021) FL 6 (1981–2015) WI 6 (1993–2021) CA 6 (1976–2020) AL 5 (1983–2010) MS 5 (1993–2014) UT 5 (1987–2026) NY 5 (1984–2014) NM 4 (1977–2023) WA 4 (1983–2021) KY 3 (1999–2003) MN 3 (2012–2014) CT 3 (1976–1999) MO 3 (1974–1997) NV 3 (1989–2016) IA 3 (1998–2001) OK 2 (2013–2020) RI 2 (2004–2007) ME 2 (2015–2017) AR 2 (1999–2020) IL 2 (1986–1989)

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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