view doctrine (Pennsylvania) · Go Syfert
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view doctrine in Pennsylvania

51 Pennsylvania opinions name it 7 courts 1898–2024 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 (23)

CaseFollowedCited
Shinal, M., et ux, Aplts. v. Toms M.D., S.green
pa · 2017 · cited in 6 Pennsylvania opinions naming this issue, 2019–2021
2 sentences

2021As it is not possible to bring these matters to our attention, the trial judge’s view should be given great weight in determining the matters before him. - 13 - J-A07044-21 Shinal v. Toms, 640 Pa. 295 , 162 A.3d 429, 442 (2017) (citing Commonwealth v. Gelfi, 282 Pa. 434 , 128 A. 77, 79 (1925)) (quotation marks, quotations, and citations omitted).

2021As it is not possible to bring these matters to our attention, the trial judge’s view should be given great weight in determining the matters before him. - 13 - J-A07044-21 Shinal v. Toms, 640 Pa. 295 , 162 A.3d 429, 442 (2017) (citing Commonwealth v. Gelfi, 282 Pa. 434 , 128 A. 77, 79 (1925)) (quotation marks, quotations, and citations omitted).

56
Commonwealth v. Reedgreen
pa · 2009 · cited in 3 Pennsylvania opinions naming this issue, 2016–2016
2 sentences

2016Accord id. at 276-77 , 971 A.2d at 1227 (Saylor, J., dissenting).

2016Accord id. at 276-77 , 971 A.2d at 1227 (Saylor, J., dissenting).

33
Commonwealth v. Browngreen
pa · 2005 · cited in 3 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014The exception to waiver created in Brown was well-intended, I know, but I respectfully remain of the view that the rule was wrong when announced, see Brown, 872 A.2d at 1161 (Castille, J., concurring, joined by Eakin, J.), and the FCDO’s abuse of the rule in this case and in other recent cases reveals an unintended and harmful consequence of the rule set in Brown .

2014The exception was well-intended, as I understand, but I respectfully remain of the view that the rule was both unwise and insufficiently grounded when announced, see Brown, 872 A.2d at 1161 (Castille, J., concurring, joined by Eakin, J.), and it remains ill-advised today.

33
Commonwealth v. Gelfigreen
pa · 1925 · cited in 2 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021As it is not possible to bring these matters to our attention, the trial judge’s view should be given great weight in determining the matters before him. - 13 - J-A07044-21 Shinal v. Toms, 640 Pa. 295 , 162 A.3d 429, 442 (2017) (citing Commonwealth v. Gelfi, 282 Pa. 434 , 128 A. 77, 79 (1925)) (quotation marks, quotations, and citations omitted).

2021As it is not possible to bring these matters to our attention, the trial judge’s view should be given great weight in determining the matters before him. - 13 - J-A07044-21 Shinal v. Toms, 640 Pa. 295 , 162 A.3d 429, 442 (2017) (citing Commonwealth v. Gelfi, 282 Pa. 434 , 128 A. 77, 79 (1925)) (quotation marks, quotations, and citations omitted).

22
Sweigard v. Pennsylvania Department of Transportationgreen
pa · 1973 · cited in 2 Pennsylvania opinions naming this issue, 1975–1975
2 sentences

1975See e.g., Williams v. Pennsylvania Department of Labor & Industry, 460 Pa. 581 , 333 A.2d 924 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix *424 & Manderino, JJ.); Sweigard v. Pennsylvania Department of Transportation, 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix &

1975See e.g., Williams v. Pennsylvania Department of Labor & Industry, 460 Pa. 581 , 333 A.2d 924 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix *424 & Manderino, JJ.); Sweigard v. Pennsylvania Department of Transportation, 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix &

22
BROWN v. Commonwealthgreen
pa · 1973 · cited in 2 Pennsylvania opinions naming this issue, 1975–1975
2 sentences

1975See e.g., Williams v. Pennsylvania Department of Labor & Industry, 460 Pa. 581 , 333 A.2d 924 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix *424 & Manderino, JJ.); Sweigard v. Pennsylvania Department of Transportation, 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix &

1975See e.g., Williams v. Pennsylvania Department of Labor & Industry, 460 Pa. 581 , 333 A.2d 924 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix *424 & Manderino, JJ.); Sweigard v. Pennsylvania Department of Transportation, 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix &

22
McCoy v. Commonwealthgreen
pa · 1974 · cited in 2 Pennsylvania opinions naming this issue, 1975–1975
2 sentences

1975See e.g., Williams v. Pennsylvania Department of Labor & Industry, 460 Pa. 581 , 333 A.2d 924 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix *424 & Manderino, JJ.); Sweigard v. Pennsylvania Department of Transportation, 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix &

1975See e.g., Williams v. Pennsylvania Department of Labor & Industry, 460 Pa. 581 , 333 A.2d 924 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix *424 & Manderino, JJ.); Sweigard v. Pennsylvania Department of Transportation, 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix &

22
Biello v. Pennsylvania Liquor Control Boardgreen
pa · 1973 · cited in 2 Pennsylvania opinions naming this issue, 1975–1975
2 sentences

1975See e.g., Williams v. Pennsylvania Department of Labor & Industry, 460 Pa. 581 , 333 A.2d 924 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix *424 & Manderino, JJ.); Sweigard v. Pennsylvania Department of Transportation, 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix &

1975See e.g., Williams v. Pennsylvania Department of Labor & Industry, 460 Pa. 581 , 333 A.2d 924 (1975) (dissenting opinion of Roberts, J., joined by Nix, J.); McCoy v. Commonwealth, 457 Pa. 513, 514-16 , 326 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix *424 & Manderino, JJ.); Sweigard v. Pennsylvania Department of Transportation, 454 Pa. 32, 35-38 , 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79 , 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix &

22
Commonwealth v. Capitologreen
pa · 1985 · cited in 3 Pennsylvania opinions naming this issue, 1987–2003
2 sentences

2003Similarly, our Supreme Court has noted that § 503 “adopts the view that a principle of necessity, properly conceived, affords a general justification for conduct that otherwise would constitute an offense; and that such a qualification, like the requirements of culpability, is essential to the rationality and justice of all penal prohibitions.” Capitolo, 498 A.2d at 808 (emphasis added).

1992Our Crimes Code "adopts the view that a principle of necessity, properly conceived, affords a general justification for conduct that otherwise would constitute an offense. . ." Commonwealth v. Capitolo, 508 Pa. 372 , 498 A.2d 806 (1985).

13
Kastigar v. United Statesgreen
scotus · 1972 · cited in 2 Pennsylvania opinions naming this issue, 1977–1981
2 sentences

1977This principle is premised upon the view that immunity leaves the witness and the government in substantially the same position as if the witness had claimed his privilege. 5 See, e. g., Kastigar v. United States, 406 U.S. 441 , 92 S.Ct. 1653 , 32 L.Ed.2d 212 (1971); Counselman v. Hitchcock, supra. While we recognize that immunity can be a valuable prosecutorial tool, we must also consider, however, that it constitutes an extraordinary exercise of power.

1977This principle is premised upon the view that immunity leaves the witness and the government in substantially the same position as if the witness had claimed his privilege. 5 See, e. g., Kastigar v. United States, 406 U.S. 441 , 92 S.Ct. 1653 , 32 L.Ed.2d 212 (1971); Counselman v. Hitchcock, supra. While we recognize that immunity can be a valuable prosecutorial tool, we must also consider, however, that it constitutes an extraordinary exercise of power.

12
Bowling v. Office of Open Recordsgreen
pacommwct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Id. at n. 1. 16 More recently, this Court in Bowling observed that the current RTKL “does not expressly restrain a court from ... an in camera review of the documents at issue” and acknowledged “that several recent appellate decisions suggest that a court’s in camera review of public records sought under the former [Right to Know Act] is permissible.” 990 A.2d at 820-21 (collecting cases).

11
Commonwealth v. duPontgreen
pasuperct · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011See N.T., Mar. 29, 2007, at 8-9, 27. [12] See also Gocial v. Independence Blue Cross, 827 A.2d 1216, 1222 (Pa.Super.2003) (citing Slater and Commonwealth v. duPont, 730 A.2d 970 (Pa.Super. 1999)); Commonwealth v. Hetzel, 822 A.2d 747, 757 (Pa.Super.2003) (citing duPont ). [13] In his dissent, Mr. Justice McCaffery finds no such inconsistency, relegating to the "occasional sentence taken out of context," Dissenting Opinion, at 62 (McCaffery, J.), all decisions which have expressed the broader view of the privilege.

11
Commonwealth v. Hetzelgreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011See N.T., Mar. 29, 2007, at 8-9, 27. [12] See also Gocial v. Independence Blue Cross, 827 A.2d 1216, 1222 (Pa.Super.2003) (citing Slater and Commonwealth v. duPont, 730 A.2d 970 (Pa.Super. 1999)); Commonwealth v. Hetzel, 822 A.2d 747, 757 (Pa.Super.2003) (citing duPont ). [13] In his dissent, Mr. Justice McCaffery finds no such inconsistency, relegating to the "occasional sentence taken out of context," Dissenting Opinion, at 62 (McCaffery, J.), all decisions which have expressed the broader view of the privilege.

11
Alexander v. Queengreen
pa · 1916 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

11
Gocial v. Independence Blue Crossgreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011See N.T., Mar. 29, 2007, at 8-9, 27. [12] See also Gocial v. Independence Blue Cross, 827 A.2d 1216, 1222 (Pa.Super.2003) (citing Slater and Commonwealth v. duPont, 730 A.2d 970 (Pa.Super. 1999)); Commonwealth v. Hetzel, 822 A.2d 747, 757 (Pa.Super.2003) (citing duPont ). [13] In his dissent, Mr. Justice McCaffery finds no such inconsistency, relegating to the "occasional sentence taken out of context," Dissenting Opinion, at 62 (McCaffery, J.), all decisions which have expressed the broader view of the privilege.

11
In Re Search Warrant B-21778green
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

11
Sedat, Inc. v. Department of Environmental Resourcesgreen
pacommwct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

11
Randolph v. Oklahoma Military Department Ex Rel. Stategreen
oklacivapp · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
1 sentence

2003State, 895 P.2d 736, 741 (Okla.Ct.App. 1995) (expressing the view that inquiry into the National Guard’s internal personnel decisions would interfere with military functions and involve the courts in the “sensitive area of military expertise and discretion”) (quoting Costner v. Oklahoma Army Nat’l Guard, 833 F.2d 905 , 908 (10th Cir. 1987)); accord 6 C.J.S.

11
Pugar v. Grecogreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1996–1996
2 sentences

1996See Pugar v. Greco, 483 Pa. 68 , 394 A.2d 542 (1978) (an order is considered final if it is separable and collateral to the main cause of action, too important to be denied review and will result in irreparable injury). .

1996See Pugar v. Greco, 483 Pa. 68 , 394 A.2d 542 (1978) (an order is considered final if it is separable and collateral to the main cause of action, too important to be denied review and will result in irreparable injury). .

11
Commonwealth v. Romerigreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1989–1989
2 sentences

1989I continue to embrace the view that the standard set forth in Commonwealth v. Romeri, 504 Pa. 124, 132 , 470 A.2d 498, 502 (1983), cert. denied, 466 U.S. 942 , 104 S.Ct. 1922 , 80 L.Ed.2d 469 (1984), is inappropriate for determining whether news coverage was so “inherently prejudicial” that prejudice can properly be presumed.

1989I continue to embrace the view that the standard set forth in Commonwealth v. Romeri, 504 Pa. 124, 132 , 470 A.2d 498, 502 (1983), cert. denied, 466 U.S. 942 , 104 S.Ct. 1922 , 80 L.Ed.2d 469 (1984), is inappropriate for determining whether news coverage was so “inherently prejudicial” that prejudice can properly be presumed.

11
Commonwealth v. Jacksongreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 1985–1985
11
Specter v. Commonwealthgreen
pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1975–1975
11
Williams v. Commonwealthgreen
pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1975–1975
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 (36)

CaseCitedYears
CONSUMERS ED. & PRO. ASS'N v. Nolan green
pa · 1977
2 sentences

1996In Consumers Association v. Nolan, 470 Pa. 372 , 382, 368 A.2d 675 , 680-81 (1977), we addressed the speech and debate clause of the Pennsylvania Constitution and noted that it is essentially identical to a comparable clause in the United States Constitution, the scope of which has been interpreted in federal cases: [T]he Supreme Court of the United States recently held that the federal Speech and Debate Clause must be interpreted broadly in order to protect legislators from judicial interference with their legitimate legislative activities, and that even where the activity questioned is not l

1996In Consumers Association v. Nolan, 470 Pa. 372 , 382, 368 A.2d 675 , 680-81 (1977), we addressed the speech and debate clause of the Pennsylvania Constitution and noted that it is essentially identical to a comparable clause in the United States Constitution, the scope of which has been interpreted in federal cases: [T]he Supreme Court of the United States recently held that the federal Speech and Debate Clause must be interpreted broadly in order to protect legislators from judicial interference with their legitimate legislative activities, and that even where the activity questioned is not l

21996–1996
Arizona v. Fulminante green
scotus · 1991
1 sentence

2024The Pennsylvania District Attorneys Association also submitted an amicus brief supporting the Commonwealth’s view that the error in this matter was not structural because, unlike in the other cases relied on by the Superior Court in its decision in Taylor III discussed above, Taylor’s liberty was not directly affected by the error. [J-83-2022] - 19 protect against an unfair conviction but to protect “the foundational principle that a person should not face the cruel trilemma of self-accusation, perjury or contempt.” Id. at 20 (quoting Taylor III, slip op. at 17).

12024–2024
National Bank v. Earle green
pa · 1900
2 sentences

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

12011–2011
Cohen v. Jenkintown Cab Co. green
pasuperct · 1976
2 sentences

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

2011See, e.g., Search Warrant B-21778, 513 Pa. at 441 , 521 A.2d at 428 ("The purpose of this time-honored privilege is to protect confidential communications between the lawyer and his client, and to foster the free exchange of relevant information between them." (emphasis added)); Alexander, 253 Pa. at 203 , 97 A. at 1065 ("The general rule is, that all professional communications are sacred." (citation and quotation marks omitted)); Earle, 196 Pa. at 221 , 46 A. at 269 ; Sedat, 163 Pa.Cmwlth. at 35 , 641 A.2d at 1245 ("It is well settled that legal advice given by an attorney in his professiona

12011–2011
Commonwealth v. White green
pa · 1995
1 sentence

2006Commonwealth v. White, supra, 543 Pa. at 57 n. 5, 669 A.2d at 902 n. 5 (emphasis supplied).

12006–2006
Office of Disciplinary Counsel v. Valentino green
pa · 1999
1 sentence

2005This Court imposed a five-year suspension in Eilberg instead of disbarment because of Eilberg's "significant contributions to his constituents while a public servant and the numerous distinguished character witnesses who testified to his good character, high repute, and fitness to practice law notwithstanding his conviction.” Id.

12005–2005
cluster 497367 green
ca10 · 1987
2 sentences

2003App.1995) (expressing the view that inquiry into the National Guard's internal personnel decisions would interfere with military functions and involve the courts in the "sensitive area of military expertise and discretion") (quoting Costner v. Oklahoma Army Nat'l Guard, 833 F.2d 905 , 908 (10th Cir.1987)); accord 6 C.J.S.

2003State, 895 P.2d 736, 741 (Okla.Ct.App. 1995) (expressing the view that inquiry into the National Guard’s internal personnel decisions would interfere with military functions and involve the courts in the “sensitive area of military expertise and discretion”) (quoting Costner v. Oklahoma Army Nat’l Guard, 833 F.2d 905 , 908 (10th Cir. 1987)); accord 6 C.J.S.

12003–2003
Ellerbe v. Hooks green
pa · 1980
2 sentences

1995This is the direction of the Majority in Ellerbe v. Hooks, 490 Pa. 363 , 416 A.2d 512 (1980).

1995This is the direction of the Majority in Ellerbe v. Hooks, 490 Pa. 363 , 416 A.2d 512 (1980).

11995–1995
Commonwealth v. Elliott green
pa · 1988
2 sentences

1992Believing that the object might materially obstruct the driver’s view through the windshield, a violation of section 4524(c) of the Motor Vehicle Code, Trooper Heckman pulled the vehicle over.” Id. at 540 , 546 A.2d at 656 . (emphasis added) In addition, the Elliott court stated that “Trooper Heckman had a reasonable belief based on his observations that the object hanging from the rearview mirror obstructed the driver’s view in violation of §4524 of the Vehicle Code.

1992Believing that the object might materially obstruct the driver’s view through the windshield, a violation of section 4524(c) of the Motor Vehicle Code, Trooper Heckman pulled the vehicle over.” Id. at 540 , 546 A.2d at 656 . (emphasis added) In addition, the Elliott court stated that “Trooper Heckman had a reasonable belief based on his observations that the object hanging from the rearview mirror obstructed the driver’s view in violation of §4524 of the Vehicle Code.

11992–1992
Royal Ins. Co.(UK) Ltd. v. Ideal Mut. Ins. Co. green
paed · 1986
11989–1989
Woodberry v. Pierce green
scotus · 1984
2 sentences

1989I continue to embrace the view that the standard set forth in Commonwealth v. Romeri, 504 Pa. 124, 132 , 470 A.2d 498, 502 (1983), cert. denied, 466 U.S. 942 , 104 S.Ct. 1922 , 80 L.Ed.2d 469 (1984), is inappropriate for determining whether news coverage was so “inherently prejudicial” that prejudice can properly be presumed.

1989I continue to embrace the view that the standard set forth in Commonwealth v. Romeri, 504 Pa. 124, 132 , 470 A.2d 498, 502 (1983), cert. denied, 466 U.S. 942 , 104 S.Ct. 1922 , 80 L.Ed.2d 469 (1984), is inappropriate for determining whether news coverage was so "inherently prejudicial" that prejudice can properly be presumed.

11989–1989
Moore v. Wainwright green
scotus · 1984
11989–1989
Dixon v. United States green
scotus · 1984
11989–1989
Crawford v. Southern Fulton School District green
pa · 1968
11986–1986
Commonwealth v. Strader green
pasuperct · 1978
11985–1985
Folcarelli v. Transportation Services neutral
pasuperct · 1982
11984–1984
In Re Howard green
pa · 1976
11984–1984
Temple University, Etc. v. Pa. Dept. Etc. green
pa · 1980
11982–1982
Estate of Flinn green
pa · 1978
11980–1980
Commonwealth v. Dancer green
pa · 1975
11978–1978
Commonwealth ex rel. Gitman v. Gitman green
pa · 1967
11978–1978
Commonwealth v. May green
pa · 1978
11978–1978
Ayala v. Philadelphia Board of Public Education red
pa · 1973
11975–1975
Hochman v. Mortgage Finance Corp. green
pa · 1927
11974–1974
Commonwealth v. Dravecz green
pa · 1967
11973–1973
Carlson v. Sherwood green
pa · 1965
11971–1971
First National Bank v. Albright green
pasuperct · 1933
11971–1971
Cooper v. Potts neutral
pa · 1898
11970–1970
Tasin v. Bastress neutral
pa · 1920
11970–1970
Ventura v. Skylark Motel, Inc. green
pa · 1968
11969–1969
Mudano v. Phila. Rapid Transit Co. green
pa · 1927
11931–1931
Head v. Meloney green
pa · 1886
11930–1930
McFarland v. Schultz green
· 1895
11929–1929
Wilson v. Mitchell green
pa · 1882
11926–1926
American Car & Foundry Co. v. Alexandria Water Co. green
pa · 1906
11924–1924
Wilhelm v. Fayette County neutral
pa · 1895
11898–1898

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9541 (3)

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.

Where else courts name it

CA 105 (1894–2025) NY 73 (1886–2014) NJ 54 (1918–2026) PA 51 (1898–2024) TX 43 (1909–2023) IL 35 (1897–2026) FL 33 (1939–2018) MO 26 (1876–2001) OR 25 (1884–2025) WA 25 (1910–2018) MD 22 (1932–2020) IA 21 (1874–2024) SC 21 (1884–2013) MA 20 (1929–2025) OH 19 (1898–2021) NC 18 (1891–2024) AL 17 (1905–2012) MI 16 (1915–2024) OK 14 (1895–2021) WY 14 (1907–2022) CO 13 (1887–2016) IN 13 (1888–2013) KY 13 (1913–2025) LA 13 (1880–2017) MN 12 (1919–2008) UT 12 (1903–2025) AZ 12 (1952–2005) SD 11 (1914–2010) DC 11 (1991–2025) VA 10 (1906–2010) CT 10 (1989–2021) HI 10 (1901–2015) MS 10 (1893–2001) AK 9 (1969–2014) KS 9 (1907–2022) WI 9 (1930–2026) TN 9 (1917–2024) AR 8 (1915–2020) GA 7 (1854–1992) NM 6 (1939–2013) ID 6 (1911–2015) WV 5 (1912–1994) RI 5 (1961–1995) ME 4 (1905–2017) NV 4 (1967–1995) NE 4 (1896–1979) MT 4 (1905–2017) VT 3 (1896–1998) NH 3 (1965–2007) DE 3 (1924–1996) VI 2 (2017–2026) ND 2 (1966–1972)

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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