53 Pennsylvania opinions name it 8 courts 1933–2024 10 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. Koehlergreen2 sentences2023See Commonwealth v. Koehler, 614 Pa. 159 , 36 A.3d 121, 146 (2012) (faulting a PCRA petitioner for declining to question trial counsel at the PCRA hearing about the lack of a strategic basis for failing to object). 2023See Commonwealth v. Koehler, 614 Pa. 159 , 36 A.3d 121, 146 (2012) (faulting a PCRA petitioner for declining to question trial counsel at the PCRA hearing about the lack of a strategic basis for failing to object). | 4 | 4 |
Commonwealth v. Furrergreen2 sentences2017See Commonwealth v. Furrer, 48 A.3d 1279 , 1281 n.3 (Pa. Super. 2012) (issues not developed in an appellate brief with pertinent authority are waived, citing Pa.R.A.P. 2119(a)). . 2017See Commonwealth v. Furrer, 48 A.3d 1279 , 1281 n.3 (Pa. Super. 2012) (issues not developed in an appellate brief with pertinent authority are waived, citing Pa.R.A.P. 2119(a)). . | 3 | 3 |
Commonwealth v. Scottgreen2 sentences2022See Commonwealth v. Scott, 952 A.2d 1190, 1191 (Pa. Super. 2008) (issues not raised in a Rule 1925(b) concise statement are waived). - 10 - J-A02013-22 Pa.R.Crim.P. 720; (3) whether appellant's brief has a fatal defect, [see] Pa.R.A.P. 2119(f); and (4) whether there is a substantial question that the sentence appealed from is not appropriate under the Sentencing Code, [see] 42 Pa.C.S.A. § 9781(b). 2018See Commonwealth v. Scott, 952 A.2d 1190, 1191 (Pa. Super. 2008) (issues not raised in a Rule 1925(b) statement are waived). | 2 | 2 |
Commonwealth v. Leskogreen2 sentences2022See also Commonwealth v. Koehler, 36 A.3d 121, 146 (Pa. 2012) (faulting PCRA petitioner for declining to question trial counsel at PCRA hearing on lack of strategic basis for failure to object); Lesko, 15 A.3d at 401 (faulting petitioner for failing to ask counsel “his reasons for failing to request a cautionary charge”). -5- J-S38028-21 Finally, where an appellant raises a claim of PCRA counsel ineffectiveness for the first time on appeal, this Court has “the ability to grant or deny relief on straightforward claims, as well as the power to remand to the PCRA court for the development of the 2011See Lesko, 15 A.3d at 416-17 . | 2 | 2 |
Commonwealth v. Weissgreen2 sentences2022Trial counsel’s testimony on this point is invaluable and, therefore, “[w]hen the petitioner is granted a PCRA hearing, it is his burden to satisfy this aspect of the test with direct questioning of trial counsel.” Commonwealth v. Weiss, 81 A.3d 767, 798-99 (Pa. 2013) (emphasis added). 2019“When the petitioner is granted a PCRA hearing, it is his burden to satisfy this aspect of the test with direct questioning of trial counsel.” Commonwealth v. Weiss, 81 A.3d 767 , 798- 99 (Pa. 2013) (citations omitted). | 1 | 2 |
Milby, L. v. Pote, C. v. Southern Christriangreen1 sentence2024Milby v. Pote, 189 A.3d 1065, 1079 (Pa. Super. 2018). | 1 | 1 |
United States v. Goodwingreen1 sentence2022See Smith, 490 U.S. at 800 n.3 (discussing the presumption of vindictiveness in cases involving a prosecutor’s allegedly unconstitutional retaliatory conduct); see also Goodwin, 457 U.S. 368 (1982) (declining to apply a presumption of prosecutorial vindictiveness where, after the defendant declined to plead guilty to a misdemeanor charge and decided to go to trial instead, the prosecutor modified the charge from a misdemeanor to a felony); Bordenkircher v. Hayes, 434 U.S. 357 (1978) (declining to find a presumption of vindictiveness where the prosecutor carried out a threat he made during plea | 1 | 1 |
Alabama v. Smithgreen1 sentence2022See Smith, 490 U.S. at 800 n.3 (discussing the presumption of vindictiveness in cases involving a prosecutor’s allegedly unconstitutional retaliatory conduct); see also Goodwin, 457 U.S. 368 (1982) (declining to apply a presumption of prosecutorial vindictiveness where, after the defendant declined to plead guilty to a misdemeanor charge and decided to go to trial instead, the prosecutor modified the charge from a misdemeanor to a felony); Bordenkircher v. Hayes, 434 U.S. 357 (1978) (declining to find a presumption of vindictiveness where the prosecutor carried out a threat he made during plea | 1 | 1 |
Commonwealth v. Johnsongreen1 sentence2022Commonwealth v. Johnson, 838 A.2d 663, 675 (Pa. 2003) (“In a number of circumstances, however, where … the inculpatory statements are narrative declarations of past activity made to a non-participant in the asserted conspiracy, courts have found the essential in-furtherance-of attribute absent.”). | 1 | 1 |
Commonwealth v. Lordgreen1 sentence2021See Commonwealth v. Lord, 719 A.2d 306, 309 (Pa. 1998) (“Any issues not raised in a [Rule] 1925(b) statement will be deemed waived.”); see - 20 - J-A01007-21 also Pa.R.A.P. 302(a) (“Issues not raised in the trial court are waived and cannot be raised for the first time on appeal.”). | 1 | 1 |
Commonwealth v. Witmayergreen1 sentence2021DeGroot has thus waived this aspect of his challenge. - 10 - J-S54022-20 1979); cf. Commonwealth v. Witmayer, 144 A.3d 939, 950 (Pa. Super. 2016) (stating that gaps in the chain of custody go to weight, not admissibility of evidence). | 1 | 1 |
PNC Bank v. Bluestream Technology, Inc.green1 sentence2020See id. | 1 | 1 |
Berry v. COURT OF COMMON PLEAS OF PHILADELPHIAgreen1 sentence2019“We will conclude that counsel’s chosen strategy lacked a reasonable basis only if [the petitioner] proves that an alternative not chosen offered a potential for success substantially greater than the course actually pursued.” Chmiel, 30 A.3d at 1127 (citation and quotation marks omitted). | 1 | 1 |
Commonwealth v. Morrisongreen1 sentence2018Commonwealth v. Morrison, 878 A.2d 102, 107 (Pa. Super. 2005) citing Commonwealth v. Schultz, 477 A.2d 1328 (Pa. 1984); Commonwealth v. Martinez. 453 A.2d 940 (Pa. 1982); Commonwealth v. Shaffer. 446 A.2d 591 (Pa. 1982). | 1 | 1 |
Commonwealth v. Brucegreen1 sentence2018Even had he presented this aspect of his argument in such light, we would deny relief on the basis that the argument, as presented, is simply illogical. -5- J-S75027-17 drawn from the combined circumstances.” Bruce, 916 A.2d at 662 (citation omitted). | 1 | 1 |
Commonwealth v. McMullengreen1 sentence2017See Commonwealth v. McMullen, 745 A.2d 683 (Pa. Super. 2000) (finding issues waived where Appellant failed to develop any argument for the claims and noting that meaningful appellate review is impossible in such a situation). 8 . | 1 | 1 |
Commonwealth v. Perezgreen2 sentences2017Pa. R.A.P. 2119; see also Commonwealth v. Perez, 625 Pa. 601 , 93 A.3d 829, 838 (2014) (undeveloped arguments without supporting citations are waived). 5 . 2017Pa. R.A.P. 2119; see also Commonwealth v. Perez, 625 Pa. 601 , 93 A.3d 829, 838 (2014) (undeveloped arguments without supporting citations are waived). 5 . | 1 | 1 |
Commonwealth v. Carsongreen2 sentences2016Specifically, a Brady claim requires a petitioner to show “(1) the prosecutor has suppressed evidence, (2) the evidence, whether exculpatory or impeaching, is helpful to the defendant, and (3) the suppression prejudiced the defendant.” Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 244 ([Pa.] 2006). 11 . 2016Specifically, a Brady claim requires a petitioner to show “(1) the prosecutor has suppressed evidence, (2) the evidence, whether exculpatory or impeaching, is helpful to the defendant, and (3) the suppression prejudiced the defendant.” Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 244 ([Pa.] 2006). 11 . | 1 | 1 |
Miernicki v. Seltzergreen1 sentence2016See Miernicki v. Seltzer, 458 A.2d 566 (Pa. Super. 1983). -2- J-A32010-15 Accordingly, I would affirm the well-reasoned decision of the Honorable R. | 1 | 1 |
Coulter v. Ramsdengreen1 sentence2015See Coulter v. Ramsden, 94 A.3d 1080, 1088-89 (Pa. Super. 2014) (“arguments which are not appropriately developed are waived” and “[m]ere issue spotting without analysis or legal citation to support an assertion precludes our appellate review of [a] matter.”) Moreover, we discern no abuse of discretion in Judge DiVito’s ruling. - 10 - J-A21006-14 Chiodetti’s expert, Dr. Marvin F. Kraushar, testified that Dr. Fernandes’ treatment fell below the accepted standard of care when, during the administration of local anesthesia, he failed to use the “wiggle maneuver” of ensuring the needle tip was not | 1 | 1 |
| Commonwealth v. Owensgreen | 1 | 1 |
| Donald Lee Noggle v. Ronald C. Marshall, Supt.green | 1 | 1 |
| State v. Mingogreen | 1 | 1 |
| Commonwealth v. Coxgreen | 1 | 1 |
| Commonwealth v. Maygreen | 1 | 1 |
| Grady v. Frito-Lay, Inc.green | 1 | 1 |
| Commonwealth v. Whartongreen | 1 | 1 |
| Commonwealth v. Millergreen | 1 | 1 |
| Commonwealth v. LaCavagreen | 1 | 1 |
| Hickman v. Fruehauf Corp.green | 1 | 1 |
| Bell v. State Farm Mutual Automobile Insurancegreen | 1 | 1 |
| Commonwealth v. Mikulangreen | 1 | 1 |
| Commonwealth v. Heinbaughgreen | 1 | 1 |
| Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25green | 1 | 1 |
| Commonwealth v. Minkergreen | 1 | 1 |
| Rivoli Theatre Co. v. Allisongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re L.M.
green
1 sentence2024A major aspect of this analysis “concerns the nature and status of the emotional bond between parent and child, with close attention paid to the effect on the child of permanently severing any such bond.” In re L.M., 923 A.2d at 511 . - 12 - J-S11016-24 Here, the court found that Foster Parent provides all care for Child, while Mother, who has never been Child’s caretaker, lacks the capacity and understanding to address Child’s needs. | 1 | 2024–2024 |
Commonwealth v. Dozzo
green
1 sentence2022Id. | 1 | 2022–2022 |
Bordenkircher v. Hayes
green
1 sentence2022See Smith, 490 U.S. at 800 n.3 (discussing the presumption of vindictiveness in cases involving a prosecutor’s allegedly unconstitutional retaliatory conduct); see also Goodwin, 457 U.S. 368 (1982) (declining to apply a presumption of prosecutorial vindictiveness where, after the defendant declined to plead guilty to a misdemeanor charge and decided to go to trial instead, the prosecutor modified the charge from a misdemeanor to a felony); Bordenkircher v. Hayes, 434 U.S. 357 (1978) (declining to find a presumption of vindictiveness where the prosecutor carried out a threat he made during plea | 1 | 2022–2022 |
Blackledge v. Perry
green
1 sentence2022See Smith, 490 U.S. at 800 n.3 (discussing the presumption of vindictiveness in cases involving a prosecutor’s allegedly unconstitutional retaliatory conduct); see also Goodwin, 457 U.S. 368 (1982) (declining to apply a presumption of prosecutorial vindictiveness where, after the defendant declined to plead guilty to a misdemeanor charge and decided to go to trial instead, the prosecutor modified the charge from a misdemeanor to a felony); Bordenkircher v. Hayes, 434 U.S. 357 (1978) (declining to find a presumption of vindictiveness where the prosecutor carried out a threat he made during plea | 1 | 2022–2022 |
Commonwealth v. Schultz
green
1 sentence2018Commonwealth v. Morrison, 878 A.2d 102, 107 (Pa. Super. 2005) citing Commonwealth v. Schultz, 477 A.2d 1328 (Pa. 1984); Commonwealth v. Martinez. 453 A.2d 940 (Pa. 1982); Commonwealth v. Shaffer. 446 A.2d 591 (Pa. 1982). | 1 | 2018–2018 |
Commonwealth v. Shaffer
green
1 sentence2018Commonwealth v. Morrison, 878 A.2d 102, 107 (Pa. Super. 2005) citing Commonwealth v. Schultz, 477 A.2d 1328 (Pa. 1984); Commonwealth v. Martinez. 453 A.2d 940 (Pa. 1982); Commonwealth v. Shaffer. 446 A.2d 591 (Pa. 1982). | 1 | 2018–2018 |
Commonwealth v. Martinez
green
1 sentence2018Commonwealth v. Morrison, 878 A.2d 102, 107 (Pa. Super. 2005) citing Commonwealth v. Schultz, 477 A.2d 1328 (Pa. 1984); Commonwealth v. Martinez. 453 A.2d 940 (Pa. 1982); Commonwealth v. Shaffer. 446 A.2d 591 (Pa. 1982). | 1 | 2018–2018 |
Commonwealth v. Reid
green
1 sentence2017Appellant provides very little analysis of this aspect of his claim, -3- J-A31003-16 other than to baldly (but not incorrectly) state that the TDMCP and CCPPC “share the First Judicial District.” Id. | 1 | 2017–2017 |
Brady v. Maryland
green
2 sentences2016As such, Cox has satisfied this aspect of the test to establish an exception to the PCRA's time-bar. [FN]9 ifn]9 Tjug refers to a claim brought under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), which challenges the Commonwealth’s failure to produce material evidence. 2016As such, Cox has satisfied this aspect of the test to establish an exception to the PCRA's time-bar. [FN]9 ifn]9 Tjug refers to a claim brought under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), which challenges the Commonwealth’s failure to produce material evidence. | 1 | 2016–2016 |
| Com. v. Davis green | 1 | 2014–2014 |
Commonwealth v. Rykard
green
1 sentence2014Cf. Commonwealth v. Rykard, 55 A.3d 1177 (Pa.Super. 2012). | 1 | 2014–2014 |
| Commonwealth v. Cousar green | 1 | 2008–2008 |
| Commonwealth v. DeJesus green | 1 | 2008–2008 |
| Rhode Island v. Innis green | 1 | 2008–2008 |
| Commonwealth v. Killinger green | 1 | 2006–2006 |
| Commonwealth v. Huffman green | 1 | 2006–2006 |
| Schaffer v. Larzelere green | 1 | 2005–2005 |
| Winslow-Quattlebaum v. Maryland Insurance Group green | 1 | 2002–2002 |
| Blockburger v. United States green | 1 | 1992–1992 |
| GOLL v. Muscara green | 1 | 1992–1992 |
| General Motors Corp. v. Washington green | 1 | 1988–1988 |
| Smith v. United States green | 1 | 1984–1984 |
| Commonwealth v. Blum green | 1 | 1980–1980 |
| Loper v. Beto green | 1 | 1976–1976 |
| SN, INC. v. Long green | 1 | 1972–1972 |
| Townsend v. Barlow green | 1 | 1950–1950 |
| Gima v. Hudson Coal Co. green | 1 | 1933–1933 |
| Paul Gima v. the Hudson Coal Co. green | 1 | 1933–1933 |
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.