7 Pennsylvania opinions name it 2 courts 1983–2024 5 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. Ballardgreen2 sentences2024In that regard, “[the] purpose of [a] preliminary hearing is not to prove guilt but to avoid defendant’s incarceration or trial unless sufficient evidence establishes [a] crime was committed and probability that defendant was involved; ‘Once [an] appellant has gone to trial and been found guilty of the crime, any defect in the preliminary hearing is rendered immaterial[.]’” Commonwealth v. Rivera, 255 A.3d 497, 504 (2021) [reversed on other grounds, 296 A.3d 1141 (Pa. 2023)]; see also Commonwealth v. Ballard, 460 A.2d 1091, 1092 (Pa. 1983) (“A finding at a preliminary hearing that sufficient e 2023Further, inasmuch as Defendant is claiming impropriety with regard to his preliminary hearing, he would be due no relief. "[The] purpose of [a] preliminary hearing is not to prove guilt but to avoid defendant's incarceration or trial unless sufficient evidence establishes [a] crime was committed and probability that defendant was involved; 'Once [an] appellant has gone to trial and been found guilty of the crime, any defect in the preliminary hearing is rendered immaterial[.] Commonwealth v. Rivera, 255 A.3d 497, 504 (2021) (emphasis in original) (citation omitted), reargument denied (July 29, | 6 | 6 |
Commonwealth v. Mignognagreen2 sentences2024In that regard, “[the] purpose of [a] preliminary hearing is not to prove guilt but to avoid defendant’s incarceration or trial unless sufficient evidence establishes [a] crime was committed and probability that defendant was involved; ‘Once [an] appellant has gone to trial and been found guilty of the crime, any defect in the preliminary hearing is rendered immaterial[.]’” Commonwealth v. Rivera, 255 A.3d 497, 504 (2021) [reversed on other grounds, 296 A.3d 1141 (Pa. 2023)]; see also Commonwealth v. Ballard, 460 A.2d 1091, 1092 (Pa. 1983) (“A finding at a preliminary hearing that sufficient e 2023Further, inasmuch as Defendant is claiming impropriety with regard to his preliminary hearing, he would be due no relief. "[The] purpose of [a] preliminary hearing is not to prove guilt but to avoid defendant's incarceration or trial unless sufficient evidence establishes [a] crime was committed and probability that defendant was involved; 'Once [an] appellant has gone to trial and been found guilty of the crime, any defect in the preliminary hearing is rendered immaterial[.] Commonwealth v. Rivera, 255 A.3d 497, 504 (2021) (emphasis in original) (citation omitted), reargument denied (July 29, | 5 | 5 |
Commonwealth v. Tylergreen2 sentences2021Cf. Commonwealth v. Ballard, 460 A.2d 1091, 1092 (Pa. 1987) (“A finding at a preliminary hearing that sufficient evidence exists to require a defendant to stand trial is not subject to review if there has been a subsequent independent judicial judgment that there is sufficient evidence to require the defendant to stand trial.”); Commonwealth v. Tyler, 587 A.2d 326, 328 (Pa. Super. 1991) (purpose of preliminary hearing is not to prove guilt but to avoid defendant’s incarceration or trial unless sufficient evidence establishes crime was committed and probability that defendant was involved; “Onc 2021Cf. Commonwealth v. Ballard, 460 A.2d 1091, 1092 (Pa. 1987) (“A finding at a preliminary hearing that sufficient evidence exists to require a defendant to stand trial is not subject to review if there has been a subsequent independent judicial judgment that there is sufficient evidence to require the defendant to stand trial.”); Commonwealth v. Tyler, 587 A.2d 326, 328 (Pa. Super. 1991) (purpose of preliminary hearing is not to prove guilt but to avoid defendant’s incarceration or trial unless sufficient evidence establishes crime was committed and probability that defendant was involved; “Onc | 3 | 3 |
Com. v. Rivera, J.green2 sentences2024In that regard, “[the] purpose of [a] preliminary hearing is not to prove guilt but to avoid defendant’s incarceration or trial unless sufficient evidence establishes [a] crime was committed and probability that defendant was involved; ‘Once [an] appellant has gone to trial and been found guilty of the crime, any defect in the preliminary hearing is rendered immaterial[.]’” Commonwealth v. Rivera, 255 A.3d 497, 504 (2021) [reversed on other grounds, 296 A.3d 1141 (Pa. 2023)]; see also Commonwealth v. Ballard, 460 A.2d 1091, 1092 (Pa. 1983) (“A finding at a preliminary hearing that sufficient e 2023Further, inasmuch as Defendant is claiming impropriety with regard to his preliminary hearing, he would be due no relief. "[The] purpose of [a] preliminary hearing is not to prove guilt but to avoid defendant's incarceration or trial unless sufficient evidence establishes [a] crime was committed and probability that defendant was involved; 'Once [an] appellant has gone to trial and been found guilty of the crime, any defect in the preliminary hearing is rendered immaterial[.] Commonwealth v. Rivera, 255 A.3d 497, 504 (2021) (emphasis in original) (citation omitted), reargument denied (July 29, | 2 | 2 |
Commonwealth v. Hessgreen2 sentences2015“A finding at a preliminary hearing that sufficient evidence exists to require a defendant to stand trial is not subject to review if there has been a subsequent independent judicial judgment that there is sufficient evidence to require the defendant to stand trial.” Commonwealth v. Ballard, 460 A.2d 1091, 1092 (Pa. 1983); see Commonwealth v. Lee, 662 A.2d 645 , 650 - 15 - J-S62012-15 (Pa. 1995), cert. denied, 517 U.S. 1211 (1996) (holding that defendant’s adjudication of guilt rendered moot his allegation that the Commonwealth failed to establish a prima facie case at the preliminary hearing) 1983See Commonwealth v. Hess, 489 Pa. 580 , 414 A.2d 1043 (1980); see Commonwealth v. Krall, 452 Pa. 215 , 304 A.2d 488 (1973). | 2 | 2 |
Commonwealth v. Leegreen1 sentence2015“A finding at a preliminary hearing that sufficient evidence exists to require a defendant to stand trial is not subject to review if there has been a subsequent independent judicial judgment that there is sufficient evidence to require the defendant to stand trial.” Commonwealth v. Ballard, 460 A.2d 1091, 1092 (Pa. 1983); see Commonwealth v. Lee, 662 A.2d 645 , 650 - 15 - J-S62012-15 (Pa. 1995), cert. denied, 517 U.S. 1211 (1996) (holding that defendant’s adjudication of guilt rendered moot his allegation that the Commonwealth failed to establish a prima facie case at the preliminary hearing) | 1 | 1 |
Shaw v. United Statesgreen1 sentence2015“A finding at a preliminary hearing that sufficient evidence exists to require a defendant to stand trial is not subject to review if there has been a subsequent independent judicial judgment that there is sufficient evidence to require the defendant to stand trial.” Commonwealth v. Ballard, 460 A.2d 1091, 1092 (Pa. 1983); see Commonwealth v. Lee, 662 A.2d 645 , 650 - 15 - J-S62012-15 (Pa. 1995), cert. denied, 517 U.S. 1211 (1996) (holding that defendant’s adjudication of guilt rendered moot his allegation that the Commonwealth failed to establish a prima facie case at the preliminary hearing) | 1 | 1 |
Commonwealth v. Krallgreen2 sentences1983See Commonwealth v. Hess, 489 Pa. 580 , 414 A.2d 1043 (1980); see Commonwealth v. Krall, 452 Pa. 215 , 304 A.2d 488 (1973). 1983See Commonwealth v. Hess, 489 Pa. 580 , 414 A.2d 1043 (1980); see Commonwealth v. Krall, 452 Pa. 215 , 304 A.2d 488 (1973). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||