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7 Pennsylvania opinions name it 2 courts 1960–1991 0 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 |
|---|---|---|
Commonwealth v. Sourbeergreen2 sentences1991Compare Commonwealth v. Sourbeer, 492 Pa. 17 , 422 A.2d 116 (1980) (recognition of common law presumptions regarding capacity in criminal prosecution); In the Interest of E.J., 397 Pa.Super. 120 , 579 A.2d 960 (1990) (common law presumption not considered upon finding of double jeopardy). 1991Compare Commonwealth v. Sourbeer, 492 Pa. 17 , 422 A.2d 116 (1980) (recognition of common law presumptions regarding capacity in criminal prosecution); In the Interest of E.J., 397 Pa.Super. 120 , 579 A.2d 960 (1990) (common law presumption not considered upon finding of double jeopardy). | 2 | 2 |
Stewart v. United Statesgreen2 sentences1969See Stewart v. United States, 214 F. 2d 879 (D.C. 1969See Stewart v. United States, 214 F. 2d 879 (D.C. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In the Interest of E.J.
green
2 sentences1991Compare Commonwealth v. Sourbeer, 492 Pa. 17 , 422 A.2d 116 (1980) (recognition of common law presumptions regarding capacity in criminal prosecution); In the Interest of E.J., 397 Pa.Super. 120 , 579 A.2d 960 (1990) (common law presumption not considered upon finding of double jeopardy). 1991Compare Commonwealth v. Sourbeer, 492 Pa. 17 , 422 A.2d 116 (1980) (recognition of common law presumptions regarding capacity in criminal prosecution); In the Interest of E.J., 397 Pa.Super. 120 , 579 A.2d 960 (1990) (common law presumption not considered upon finding of double jeopardy). | 2 | 1991–1991 |
Commonwealth v. Weinstein
green
2 sentences1982Commonwealth v. Weinstein, 442 Pa. 70 , 274 A.2d 182 (1971). [4] Brawner is generally cited for its rejection of the Durham test for insanity in favor of the test set forth in Section 4.01 of ALI's Model Penal Code. 1982Commonwealth v. Weinstein, 442 Pa. 70 , 274 A.2d 182 (1971). [4] Brawner is generally cited for its rejection of the Durham test for insanity in favor of the test set forth in Section 4.01 of ALI's Model Penal Code. | 1 | 1982–1982 |
Commonwealth v. Melton
green
2 sentences1974Our Supreme Court has refused to abandon this test and to substitute in its place a psychiatrically devised rule or the so-called Durham rule. [2] Commonwealth v. Melton, 406 Pa. 343 , 178 A. 2d 728 (1962), cert. den., 371 U.S. 851 . 1974Our Supreme Court has refused to abandon this test and to substitute in its place a psychiatrically devised rule or the so-called Durham rule. [2] Commonwealth v. Melton, 406 Pa. 343 , 178 A. 2d 728 (1962), cert. den., 371 U.S. 851 . | 1 | 1974–1974 |
Eastman v. New York
green
2 sentences1974Our Supreme Court has refused to abandon this test and to substitute in its place a psychiatrically devised rule or the so-called Durham rule. [2] Commonwealth v. Melton, 406 Pa. 343 , 178 A. 2d 728 (1962), cert. den., 371 U.S. 851 . 1974Our Supreme Court has refused to abandon this test and to substitute in its place a psychiatrically devised rule or the so-called Durham rule. [2] Commonwealth v. Melton, 406 Pa. 343 , 178 A. 2d 728 (1962), cert. den., 371 U.S. 851 . | 1 | 1974–1974 |
Thomas H. Washington, Jr. v. United States
green
2 sentences1970State v. Haggblom, 249 Ore. 676 , 439 P. 2d 1019 (1968). [5] The entire thrust of the dissenting opinion in Leland was that sanity is an element of the crime. [6] Annot., 17 A.L.R. 3d 146 , 195 (1968). [7] The Durham rule was explained in the case of Washington v. United States, 390 F. 2d 444 (D.C. 1970State v. Haggblom, 249 Ore. 676 , 439 P. 2d 1019 (1968). [5] The entire thrust of the dissenting opinion in Leland was that sanity is an element of the crime. [6] Annot., 17 A.L.R. 3d 146 , 195 (1968). [7] The Durham rule was explained in the case of Washington v. United States, 390 F. 2d 444 (D.C. | 1 | 1970–1970 |
State v. Haggblom
green
2 sentences1970State v. Haggblom, 249 Ore. 676 , 439 P. 2d 1019 (1968). [5] The entire thrust of the dissenting opinion in Leland was that sanity is an element of the crime. [6] Annot., 17 A.L.R. 3d 146 , 195 (1968). [7] The Durham rule was explained in the case of Washington v. United States, 390 F. 2d 444 (D.C. 1970State v. Haggblom, 249 Ore. 676 , 439 P. 2d 1019 (1968). [5] The entire thrust of the dissenting opinion in Leland was that sanity is an element of the crime. [6] Annot., 17 A.L.R. 3d 146 , 195 (1968). [7] The Durham rule was explained in the case of Washington v. United States, 390 F. 2d 444 (D.C. | 1 | 1970–1970 |
State v. Lucas
green
2 sentences1960As one court concluded: “If it is true that, from a psychiatric viewpoint, anti-social behavior either evidences or equals mental disease or defect, then the Durham test comes perilously close to suggesting that proof of the commission of a crime is also prima facie evidence of the legal irresponsibility of the accused” : State v. Lucas, supra. “What of 'mental disease’ or 'defect’ as employed in the Durham test? 1960As one court concluded: “If it is true that, from a psychiatric viewpoint, anti-social behavior either evidences or equals mental disease or defect, then the Durham test comes perilously close to suggesting that proof of the commission of a crime is also prima facie evidence of the legal irresponsibility of the accused” : State v. Lucas, supra. “What of 'mental disease’ or 'defect’ as employed in the Durham test? | 1 | 1960–1960 |
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.