two-tier test (Pennsylvania) · Go Syfert
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two-tier test in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1980–2004 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.

Followed or applied (2)

CaseFollowedCited
Pharoah v. Lapesgreen
pa · 1990 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991Id.; see also Pharoah v. Lapes, 391 Pa.Super. 585, 596 , 571 A.2d 1070, 1076 (1990) (Cirillo, P.J., dissenting).

1991Id.; see also Pharoah v. Lapes, 391 Pa.Super. 585, 596 , 571 A.2d 1070, 1076 (1990) (Cirillo, P.J., dissenting).

11
Commonwealth v. Hudsongreen
pa · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1983–1983
2 sentences

1983The trial judge must initially decide whether the photographs possess inflammatory characteristics." Commonwealth v. Hudson, 489 Pa. 620, 630 , 414 A.2d 1381, 1386 (1980).

1983The trial judge must initially decide whether the photographs possess inflammatory characteristics." Commonwealth v. Hudson, 489 Pa. 620, 630 , 414 A.2d 1381, 1386 (1980).

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 BLL green
pasuperct · 2001
2 sentences

2004Id.

2004This argument forms the basis of appellant’s appeal: “[Whether the] trial judge committed an error of law by reading the exclusion clause in Section 2511(b) so broadly as to bar testimony that was very relevant to the issue of the children’s needs and welfare.” Id.

22004–2004
Milne v. Milne green
pa · 1989
2 sentences

1990Id.

1990Id. 1 Further, although a college education is increasingly being viewed as a necessity, the duty to support a college-bound student in his or her majority is a qualified one.

11990–1990
Bedford v. Bedford green
pa · 1989
2 sentences

1990In Bedford v. Bedford, 386 Pa.Super. 349 , 563 A.2d 102 (1989), we clarified the estrangement necessary to cut off a parent’s duty to contribute to support of the child’s college expenses.

1990In Bedford v. Bedford, 386 Pa.Super. 349 , 563 A.2d 102 (1989), we clarified the estrangement necessary to cut off a parent’s duty to contribute to support of the child’s college expenses.

11990–1990
Hartshorn v. County of Allegheny green
pa · 1975
2 sentences

1985In previous decisions we have been called upon to determine whether or not the employees, by virtue of the nature of their services, fall within the purview of Act 111. 4 Commonwealth v. Commonwealth, Pennsylvania Labor Relations Board, 502 Pa. 7 , 463 A.2d 409 (1983); Hartshorn v. County of Allegheny, 460 Pa. 560 , 333 A.2d 914 (1975).

1985In previous decisions we have been called upon to determine whether or not the employees, by virtue of the nature of their services, fall within the purview of Act 111. 4 Commonwealth v. Commonwealth, Pennsylvania Labor Relations Board, 502 Pa. 7 , 463 A.2d 409 (1983); Hartshorn v. County of Allegheny, 460 Pa. 560 , 333 A.2d 914 (1975).

11985–1985
Com. v. COM., PA. LABOR RELATIONS BD. green
pa · 1983
2 sentences

1985In previous decisions we have been called upon to determine whether or not the employees, by virtue of the nature of their services, fall within the purview of Act 111. 4 Commonwealth v. Commonwealth, Pennsylvania Labor Relations Board, 502 Pa. 7 , 463 A.2d 409 (1983); Hartshorn v. County of Allegheny, 460 Pa. 560 , 333 A.2d 914 (1975).

1985In previous decisions we have been called upon to determine whether or not the employees, by virtue of the nature of their services, fall within the purview of Act 111. 4 Commonwealth v. Commonwealth, Pennsylvania Labor Relations Board, 502 Pa. 7 , 463 A.2d 409 (1983); Hartshorn v. County of Allegheny, 460 Pa. 560 , 333 A.2d 914 (1975).

11985–1985
Commonwealth v. Pickett green
pasuperct · 1976
2 sentences

1980Thus error in denying the charge was clearly harmful. 244 Pa.Super. at 440 , 368 A.2d at 802 . 2 Given that as a matter of law, evidence of intoxication or drugged condition might have been relevant in appellant’s defense, we must undertake the two tier analysis of determining (a) whether in this particular case the evidence was such that the defense would have had “arguable merit,” and (b) if it would have had arguable merit, whether appellant’s trial counsel’s failure to present it had a reasonable basis. a At the post-conviction hearing, appellant testified that from about 2:00 p. m. to 6:0

1980Thus error in denying the charge was clearly harmful. 244 Pa.Super. at 440 , 368 A.2d at 802 . 2 Given that as a matter of law, evidence of intoxication or drugged condition might have been relevant in appellant’s defense, we must undertake the two tier analysis of determining (a) whether in this particular case the evidence was such that the defense would have had “arguable merit,” and (b) if it would have had arguable merit, whether appellant’s trial counsel’s failure to present it had a reasonable basis. a At the post-conviction hearing, appellant testified that from about 2:00 p. m. to 6:0

11980–1980

Where else courts name it

IN 71 (1981–2024) OH 47 (1986–2026) LA 21 (1986–2019) WV 11 (1995–2022) CA 10 (1976–2015) NY 9 (1982–2006) MN 7 (1987–2015) PA 7 (1980–2004) ID 7 (1975–2023) TX 7 (1986–2006) IL 5 (1995–2023) NJ 4 (1979–2021) KY 4 (2012–2025) RI 4 (1995–2015) GA 4 (2013–2015) WI 4 (1983–2022) CO 3 (2019–2026) FL 3 (2003–2017) AL 3 (1985–2013) CT 3 (1990–1998) MA 2 (2018–2018) MO 2 (2006–2018) MT 2 (1993–2022) MS 2 (2004–2005) ME 2 (1987–1988)

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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