7 Pennsylvania opinions name it 2 courts 2001–2022 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Gallaghergreen2 sentences2017See, e.g., Moran, 104 A.3d at 1150 ; Commonwealth v. Gallagher, 592 Pa. 262 , 924 A.2d 636, 640 (2007). 13 The trial court concluded that Scott “probably did not intend to conceal the weapon,” N.T., 6/22-23, at 107, but found him guilty nonetheless, based on its view that section 6106 contains “no intent requirement,” Trial Ct. Op., 9/2/16, at 4. 2017See, e.g., Moran, 104 A.3d at 1150 ; Commonwealth v. Gallagher, 592 Pa. 262 , 924 A.2d 636, 640 (2007). 13 The trial court concluded that Scott “probably did not intend to conceal the weapon,” N.T., 6/22-23, at 107, but found him guilty nonetheless, based on its view that section 6106 contains “no intent requirement,” Trial Ct. Op., 9/2/16, at 4. | 4 | 4 |
Commonwealth v. Moran, Apltgreen2 sentences2022Moran, 104 A.3d at 1149–50. 2022Moran, 104 A.3d at 1149–50. | 1 | 2 |
Commonwealth v. Baronegreen2 sentences2001It seems, at least to me, that each of the positions expressed in Barone represents a defensible view displaying due and reasoned consideration of the pertinent legislative intent. 32 Ultimately, I would endorse the essential position of Judges Spaeth and Wieand to the effect that the General Assembly in fact intended to create a strict liability offense, placing particular emphasis upon the derivation of the statute from the Uniform Vehicle Code as it had evolved from one grounded in reckless conduct to one containing no culpability requirement; the juxtaposition of the offense to the existin 2001It seems, at least to me, that each of the positions expressed in Barone represents a defensible view displaying due and reasoned consideration of the pertinent legislative intent. 32 Ultimately, I would endorse the essential position of Judges Spaeth and Wieand to the effect that the General Assembly in fact intended to create a strict liability offense, placing particular emphasis upon the derivation of the statute from the Uniform Vehicle Code as it had evolved from one grounded in reckless conduct to one containing no culpability requirement; the juxtaposition of the offense to the existin | 1 | 1 |
United States v. Cordoba-Hincapiegreen1 sentence2001See Cordoba-Hincapie, 825 F.Supp. at 497-98 . [8] This was true prior to a recent amendment to Section 3732 which, as noted by Justice Newman, added an express culpability requirement. | 1 | 1 |
State v. Freemangreen2 sentences2001See, e.g., Freeman, 228 S.E.2d at 519 . 33 While certainly such statutes providing for serious penalties represent a marked departure from the MPC paradigm, it is quite clear that since the introduction of the MPC into state crimes legislation, the penal law and its underlying policies have changed with the proliferation of offenses, more severe grading, and sentencing enhancements. 2001See, e.g., Freeman, 228 S.E.2d at 519 . [33] While certainly such statutes providing for serious penalties represent a marked departure from the MPC paradigm, it is quite clear that since the introduction of the MPC into state crimes legislation, the penal law and its underlying policies have changed with the proliferation of offenses, more severe grading, and sentencing enhancements. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Ludwig
green
2 sentences2014Consequently, in Commonwealth v. Ludwig, 583 Pa. 6 , 874 A.2d 623 (2005), even though the statute establishing the offense of drug delivery resulting in death did not contain an express culpability standard, we refused to apply Section 302(c) as the default culpability requirement. 2014Consequently, in Commonwealth v. Ludwig, 583 Pa. 6 , 874 A.2d 623 (2005), even though the statute establishing the offense of drug delivery resulting in death did not contain an express culpability standard, we refused to apply Section 302(c) as the default culpability requirement. | 2 | 2014–2014 |
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.
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.