larger principle (Pennsylvania) · Go Syfert
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larger principle in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1927–2023 2 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. Freelandgreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Accordingly, Appellant’s final sub-claim in Issue I regarding cumulative errors is without merit. * * * As all of Appellant’s twenty-three sub-issues in Issue I are meritless and as Appellant waived Issues II and III, we conclude that the PCRA court did not err by granting Attorney Patterson’s petition to withdraw, see Commonwealth v. Freeland, 106 A.3d 768, 774-75 (Pa. Super. 2014), and we affirm the order dismissing Appellant’s petition filed under the Post Conviction Relief Act.

11
Bantam Books, Inc. v. Sullivangreen
scotus · 1963 · cited in 1 Pennsylvania opinions naming this issue, 1972–1972
2 sentences

1972“Our insistence that regulations of obscenity scrupulously embody the most rigorous procedural safeguards ... is therefore but a special instance of the larger principle that the freedoms of expression must be ringed about with adequate bulwarks.” Bantam Books, Inv. v. Sullivan, 372 U.S. 58, 66 , 83 S. Ct. 631, 637 (1963).

1972“Our insistence that regulations of obscenity scrupulously embody the most rigorous procedural safeguards ... is therefore but a special instance of the larger principle that the freedoms of expression must be ringed about with adequate bulwarks.” Bantam Books, Inv. v. Sullivan, 372 U.S. 58, 66 , 83 S. Ct. 631, 637 (1963).

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 (6)

CaseCitedYears
In re T.S.M. green
pa · 2013
2 sentences

2023Majority Op. at 34-35 n.19-20; T.S.M, 71 A.3d at 269 . [J-79A-2022 and J-79B-2022] - 35 stability and all “intangible” factors may contribute equally to the determination of a child’s specific developmental, physical, and emotional needs and welfare, and thus are all of “primary” importance in the Section 2511(b) analysis.

2023Majority Op. at 34-35 n.19-20; T.S.M, 71 A.3d at 269 . [J-79A-2022 and J-79B-2022] - 35 stability and all “intangible” factors may contribute equally to the determination of a child’s specific developmental, physical, and emotional needs and welfare, and thus are all of “primary” importance in the Section 2511(b) analysis.

22023–2023
Commonwealth v. Baumhammers green
pa · 2014
1 sentence

2015Instead, addressing this issue as part of a larger challenge to the various “deficiencies” raised by the Commonwealth,31 Appellant asserts that the PCRA court’s failure to give notice of its intention to dismiss as required by Pennsylvania Rule of Criminal Procedure 909 denied him the opportunity to respond to the dismissal and (Lcontinued) request; and the court did not address the new substantive contention in its opinion disposing of Appellant's PCRA claims, we found the claim waived, and further recognized that “waiver cannot be avoided solely by reference to Appellant's Concise Statement

12015–2015
Commonwealth v. Hoover green
pa · 2014
2 sentences

2015Instead, addressing this issue as part of a larger challenge to the various “deficiencies” raised by the Commonwealth,31 Appellant asserts that the PCRA court’s failure to give notice of its intention to dismiss as required by Pennsylvania Rule of Criminal Procedure 909 denied him the opportunity to respond to the dismissal and (Lcontinued) request; and the court did not address the new substantive contention in its opinion disposing of Appellant's PCRA claims, we found the claim waived, and further recognized that “waiver cannot be avoided solely by reference to Appellant's Concise Statement

2015Instead, addressing this issue as part of a larger challenge to the various “deficiencies” raised by the Commonwealth,31 Appellant asserts that the PCRA court’s failure to give notice of its intention to dismiss as required by Pennsylvania Rule of Criminal Procedure 909 denied him the opportunity to respond to the dismissal and (Lcontinued) request; and the court did not address the new substantive contention in its opinion disposing of Appellant's PCRA claims, we found the claim waived, and further recognized that “waiver cannot be avoided solely by reference to Appellant's Concise Statement

12015–2015
Kingsley Books, Inc. v. Brown green
scotus · 1957
2 sentences

1972The Court cited the New York injunctive procedure sustained in Kingsley Books, Inc. v. Brown, 354 U.S. 436 , 77 S. Ct. 1325 (1957), as a possible model which embodied the kind of procedural safeguards necessary to render the statute constitutional.

1972The Court cited the New York injunctive procedure sustained in Kingsley Books, Inc. v. Brown, 354 U.S. 436 , 77 S. Ct. 1325 (1957), as a possible model which embodied the kind of procedural safeguards necessary to render the statute constitutional.

11972–1972
In Re GAULT green
scotus · 1967
1 sentence

1967Appellant’s present demand for jury trial must be *69 viewed as part of the larger controversy which is presently raging in the courts and in academic circles as a result of the decision by the Supreme Court of the United States in In Re Gault, supra. We would be remiss in our duty if we did not consider appellant’s ar ■ gument within this larger framework.

11967–1967
Wooden v. Reese neutral
pasuperct · 1921
1 sentence

1927The appellant says there can be no set-off because the debts are not mutual and that he is entitled to distribution from the funds of the Cosmopolitan Bank irrespective of the fact that Brown & Stevens owe it the larger sum; he relies largely upon Wooden v. Reese, 77 Pa. Superior Ct. 162 , where it was properly held that one who receives money for a specific purpose, thereby becoming trustee, cannot appropriate the amount so received as a set-off against a greater indebtedness due him by the person who gave him the money after the latter has become bankrupt.

11927–1927

Where else courts name it

NY 12 (1876–1982) NC 7 (1983–2019) AK 7 (1992–2025) PA 7 (1927–2023) OH 5 (1950–2015) CT 5 (1976–2016) IN 5 (1982–2025) NV 5 (2018–2018) NJ 4 (1906–2015) MA 4 (1937–2019) CA 4 (1869–1971) WI 4 (1876–2009) TX 3 (1954–2023) LA 3 (1961–1986) NM 3 (1992–2021) FL 3 (1996–2014) OR 3 (1942–2014) MI 2 (1890–1992) IA 2 (1919–2010) AL 2 (1974–2012) WV 2 (1977–1988) MO 2 (1976–1985) AZ 2 (1979–1983) IL 2 (1901–1992) GA 2 (2021–2025)

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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