Foster test (Pennsylvania) · Go Syfert
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Foster test in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1969–2024 3 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 (9)

CaseFollowedCited
Empire Sanitary Landfill, Inc. v. Commonwealthgreen
pacommwct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024See Empire I, 645 A.2d at 415 ; Empire II, 684 A.2d at 1058 ; Maloney, 984 A.2d at 485-86 .

2024See Empire I, 645 A.2d at 415 ; Empire II, 684 A.2d at 1058 ; Maloney, 984 A.2d at 485-86 .

11
South Union Township v. Commonwealthgreen
pacommwct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024Union, 839 A.2d at 1184, 1188-89 .

2024Union, 839 A.2d at 1184, 1188-89 .

11
Commonwealth v. Fleckgreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Specifically, in its Rule 1925(a) opinion, the court explained its decision to grant Foster’s motion to suppress, as follows: This [c]ourt granted suppression because it believed [Foster’s] statement was not voluntary. “[T]he ultimate test for voluntariness is whether the confession is the product of an essentially free and unconstrained choice by its maker.” Commonwealth v. Fleck, 471 A.2d 547, 549 (Pa. Super. 1984). “[T]he voluntariness of a confession is determined by the totality of the circumstances.” Commonwealth v. Templin, 795 A.2d 959 , 963-[]64 (Pa. 2002) (citation omitted).

11
Commonwealth v. Downinggreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Commonwealth v. Downing, 990 A.2d 788, 794 (Pa. Super. 2010).

11
Commonwealth v. Lilleygreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Commonwealth v. Lilley, 978 A.2d 995, 998 (Pa. Super. 2009) (stating that while appellant failed to properly preserve his discretionary aspects of sentencing claim, this Court would address the merits of the claim due to appellant’s counsel’s petition to withdraw as counsel).

11
Commonwealth v. Mourygreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Commonwealth v. Moury, 992 A.2d 162, 171 (Pa. Super. 2010) (stating that “where a sentence is within the standard range of the guidelines, Pennsylvania law views the sentence as appropriate under the Sentencing Code.”).

11
Commonwealth v. Gibbsgreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See id.

11
Commonwealth v. Boyergreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019We must examine whether Foster’s challenge to his sentence presents a substantial question for our review.4 See Commonwealth v. Boyer, 856 A.2d 149, 152 (Pa. Super. 2004) (stating that, in order for this Court to review a challenge to the discretionary aspects of a sentence, the appellant must present a substantial question that the sentence violates a particular provision of the Sentencing Code or is contrary to the fundamental norms underlying the sentencing process).

11
Commonwealth v. Hillgreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Commonwealth v. Hill, 66 A.3d 359, 363 (Pa. Super. 2013). “[I]ssues challenging the discretionary aspects of a sentence must be raised in a post-sentence motion or by presenting the claim to the trial court during the sentencing proceedings.

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 (7)

CaseCitedYears
HELPIN v. Trustees of University of Pennsylvania green
pa · 2009
2 sentences

2024See Empire I, 645 A.2d at 415 ; Empire II, 684 A.2d at 1058 ; Maloney, 984 A.2d at 485-86 .

2024See Empire I, 645 A.2d at 415 ; Empire II, 684 A.2d at 1058 ; Maloney, 984 A.2d at 485-86 .

12024–2024
Empire Sanitary Landfill, Inc. v. Commonwealth green
pa · 1996
2 sentences

2024See Empire I, 645 A.2d at 415 ; Empire II, 684 A.2d at 1058 ; Maloney, 984 A.2d at 485-86 .

2024See Empire I, 645 A.2d at 415 ; Empire II, 684 A.2d at 1058 ; Maloney, 984 A.2d at 485-86 .

12024–2024
Commonwealth v. Templin green
pa · 2002
1 sentence

2023Specifically, in its Rule 1925(a) opinion, the court explained its decision to grant Foster’s motion to suppress, as follows: This [c]ourt granted suppression because it believed [Foster’s] statement was not voluntary. “[T]he ultimate test for voluntariness is whether the confession is the product of an essentially free and unconstrained choice by its maker.” Commonwealth v. Fleck, 471 A.2d 547, 549 (Pa. Super. 1984). “[T]he voluntariness of a confession is determined by the totality of the circumstances.” Commonwealth v. Templin, 795 A.2d 959 , 963-[]64 (Pa. 2002) (citation omitted).

12023–2023
Commonwealth v. Barnes, K., Aplt. green
pa · 2016
1 sentence

2022In Commonwealth v. Barnes, 151 A.3d 121 (Pa. 2016), our seminal decision on the distinction between the two sentencing challenges, we adopted the approach to illegal sentencing claims espoused in Foster’s lead opinion.

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

2014Id.

12014–2014
Foster v. Rockwood Holding Co. green
pacommwct · 1993
2 sentences

1995Foster v. Rockwood Holding Company, 158 Pa.Cmwlth. 258 , 632 A.2d 335 (1993). 5 Accordingly, Foster’s motion is granted, and the affirmative defenses set forth in the defendants’ responses to Foster’s complaint are stricken.

1995Foster v. Rockwood Holding Company, 158 Pa.Cmwlth. 258 , 632 A.2d 335 (1993). 5 Accordingly, Foster’s motion is granted, and the affirmative defenses set forth in the defendants’ responses to Foster’s complaint are stricken.

11995–1995
Hamilton v. Procon, Inc. green
pa · 1969
2 sentences

1969Moreover, even had the Board sufficient reason to disregard Foster , it erred in its application of the standard enunciated in the recent case of Hamilton v. Procon, 434 Pa. 90 , 252 A. 2d 601 (1969).

1969Moreover, even had the Board sufficient reason to disregard Foster , it erred in its application of the standard enunciated in the recent case of Hamilton v. Procon, 434 Pa. 90 , 252 A. 2d 601 (1969).

11969–1969

Where else courts name it

OH 33 (2000–2025) TX 21 (1994–2021) NM 21 (2020–2026) MS 17 (1991–2015) FL 12 (1977–2024) GA 12 (1973–2016) PA 7 (1969–2024) CA 6 (1967–2021) KS 5 (1993–2025) IN 5 (1980–2016) NC 4 (1983–1998) MO 3 (1994–2011) AL 3 (1988–2026) MA 3 (1997–2018) DC 2 (1989–1996) MN 2 (1900–2024) NJ 2 (2006–2010) AR 2 (1962–1980) CO 2 (2011–2014) MI 2 (2017–2017)

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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