enunciated the following test (Pennsylvania) · Go Syfert
← Pennsylvania issues

enunciated the following test in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1974–1997 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 (4)

CaseFollowedCited
In the Interest of J.J.green
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997In Interest of J.J., 540 Pa. 274 , 656 A.2d 1355 (1995) (Zappala, J., plurality opinion). 2 In Interest of J.J., 447 Pa.Super. 259 , 668 A.2d 1176, 1179 (1995), a panel of this Court enunciated the following factors which are to be used in determining whether an appellant should be sanctioned for his flight: (1) the stage of the proceedings when the flight occurred, i.e., during the trial, post-trial or on appeal; (2) the manner in which the defendant escaped; (3) whether the defendant has been returned to custody; (4) the circumstances surrounding the defendant's return to custody, i.e., was

1997In Interest of J.J., 540 Pa. 274 , 656 A.2d 1355 (1995) (Zappala, J., plurality opinion). 2 In Interest of J.J., 447 Pa.Super. 259 , 668 A.2d 1176, 1179 (1995), a panel of this Court enunciated the following factors which are to be used in determining whether an appellant should be sanctioned for his flight: (1) the stage of the proceedings when the flight occurred, i.e., during the trial, post-trial or on appeal; (2) the manner in which the defendant escaped; (3) whether the defendant has been returned to custody; (4) the circumstances surrounding the defendant's return to custody, i.e., was

11
Commonwealth v. Minorgreen
pasuperct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
2 sentences

1995See Minor, supra, at 436 Pa.Super. 35 , 647 A.2d 299 (applying Heckman , court held that appellant was precluded from presenting the defense that he lacked notice of suspension where he had not provided PennDOT with his current address). 5 Most recently, this rule was validated by the Pennsylvania Supreme Court in Commonwealth v. Zimmick, supra, 539 Pa. 556 , 653 A.2d 221 .

1995See Minor, supra, at 436 Pa.Super. 35 , 647 A.2d 299 (applying Heckman , court held that appellant was precluded from presenting the defense that he lacked notice of suspension where he had not provided PennDOT *47 with his current address). [5] Most recently, this rule was validated by the Pennsylvania Supreme Court in Commonwealth v. Zimmick, supra, 539 Pa. 556 , 653 A.2d 221 .

11
McQuaide v. COM., DEPT. OF TRANSP.green
pacommwct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
2 sentences

1995See Minor, supra, at 436 Pa.Super. 35 , 647 A.2d 299 (applying Heckman , court held that appellant was precluded from presenting the defense that he lacked notice of suspension where he had not provided PennDOT with his current address). 5 Most recently, this rule was validated by the Pennsylvania Supreme Court in Commonwealth v. Zimmick, supra, 539 Pa. 556 , 653 A.2d 221 .

1995See Minor, supra, at 436 Pa.Super. 35 , 647 A.2d 299 (applying Heckman , court held that appellant was precluded from presenting the defense that he lacked notice of suspension where he had not provided PennDOT *47 with his current address). [5] Most recently, this rule was validated by the Pennsylvania Supreme Court in Commonwealth v. Zimmick, supra, 539 Pa. 556 , 653 A.2d 221 .

11
Commonwealth v. Bigelowgreen
pa · 1979 · cited in 1 Pennsylvania opinions naming this issue, 1989–1989
2 sentences

1989Neither in criminal nor in civil pleading is it required to anticipate or negative a defense. . . . `In general,' says Chitty, `all matters of defense must come from the defendant, and need not be anticipated or stated by prosecutor.' Id. 484 Pa. at 483 , 399 A.2d at 395 (citations and quotes omitted). *174 In Commonwealth v. Stoffan, 228 Pa.Super. 127 , 323 A.2d 318 (1974), our court found Commonwealth v. Neal, 78 Pa.Super. 216 (1922) useful in interpreting certain exemption clauses in the Controlled Substance, Drug and Cosmetic Act, supra. In deciding whether the exemption clauses referred t

1989Neither in criminal nor in civil pleading is it required to anticipate or negative a defense. . . . `In general,' says Chitty, `all matters of defense must come from the defendant, and need not be anticipated or stated by prosecutor.' Id. 484 Pa. at 483 , 399 A.2d at 395 (citations and quotes omitted). *174 In Commonwealth v. Stoffan, 228 Pa.Super. 127 , 323 A.2d 318 (1974), our court found Commonwealth v. Neal, 78 Pa.Super. 216 (1922) useful in interpreting certain exemption clauses in the Controlled Substance, Drug and Cosmetic Act, supra. In deciding whether the exemption clauses referred t

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
Commonwealth v. Neal green
pasuperct · 1922
2 sentences

1989Neither in criminal nor in civil pleading is it required to anticipate or negative a defense. . . . `In general,' says Chitty, `all matters of defense must come from the defendant, and need not be anticipated or stated by prosecutor.' Id. 484 Pa. at 483 , 399 A.2d at 395 (citations and quotes omitted). *174 In Commonwealth v. Stoffan, 228 Pa.Super. 127 , 323 A.2d 318 (1974), our court found Commonwealth v. Neal, 78 Pa.Super. 216 (1922) useful in interpreting certain exemption clauses in the Controlled Substance, Drug and Cosmetic Act, supra. In deciding whether the exemption clauses referred t

1989In Commonwealth v. Stoffan, 228 Pa.Super. 127 , 323 A.2d 318 (1974), our court found Commonwealth v. Neal, 78 Pa.Super. 216 (1922) useful in interpreting certain exemption clauses in the Controlled Substance, Drug and Cosmetic Act, supra. In deciding whether the exemption clauses referred to elements of charged crimes, this court enunciated the following test: When a statute defining an offense contains an exception, in the enacting clause, which is so incorporated with the language defining the offense that the ingredients of the offense cannot be accurately and clearly described if the excep

21974–1989
Commonwealth v. Stoffan green
pasuperct · 1974
2 sentences

1989Neither in criminal nor in civil pleading is it required to anticipate or negative a defense. . . . `In general,' says Chitty, `all matters of defense must come from the defendant, and need not be anticipated or stated by prosecutor.' Id. 484 Pa. at 483 , 399 A.2d at 395 (citations and quotes omitted). *174 In Commonwealth v. Stoffan, 228 Pa.Super. 127 , 323 A.2d 318 (1974), our court found Commonwealth v. Neal, 78 Pa.Super. 216 (1922) useful in interpreting certain exemption clauses in the Controlled Substance, Drug and Cosmetic Act, supra. In deciding whether the exemption clauses referred t

1989Neither in criminal nor in civil pleading is it required to anticipate or negative a defense. . . . `In general,' says Chitty, `all matters of defense must come from the defendant, and need not be anticipated or stated by prosecutor.' Id. 484 Pa. at 483 , 399 A.2d at 395 (citations and quotes omitted). *174 In Commonwealth v. Stoffan, 228 Pa.Super. 127 , 323 A.2d 318 (1974), our court found Commonwealth v. Neal, 78 Pa.Super. 216 (1922) useful in interpreting certain exemption clauses in the Controlled Substance, Drug and Cosmetic Act, supra. In deciding whether the exemption clauses referred t

21985–1989
In the Interest of J.J. green
pa · 1995
2 sentences

1997In Interest of J.J., 540 Pa. 274 , 656 A.2d 1355 (1995) (Zappala, J., plurality opinion). 2 In Interest of J.J., 447 Pa.Super. 259 , 668 A.2d 1176, 1179 (1995), a panel of this Court enunciated the following factors which are to be used in determining whether an appellant should be sanctioned for his flight: (1) the stage of the proceedings when the flight occurred, i.e., during the trial, post-trial or on appeal; (2) the manner in which the defendant escaped; (3) whether the defendant has been returned to custody; (4) the circumstances surrounding the defendant's return to custody, i.e., was

1997In Interest of J.J., 540 Pa. 274 , 656 A.2d 1355 (1995) (Zappala, J., plurality opinion). 2 In Interest of J.J., 447 Pa.Super. 259 , 668 A.2d 1176, 1179 (1995), a panel of this Court enunciated the following factors which are to be used in determining whether an appellant should be sanctioned for his flight: (1) the stage of the proceedings when the flight occurred, i.e., during the trial, post-trial or on appeal; (2) the manner in which the defendant escaped; (3) whether the defendant has been returned to custody; (4) the circumstances surrounding the defendant's return to custody, i.e., was

11997–1997
Commonwealth v. Heckman green
pasuperct · 1991
2 sentences

1995Specifically, the question has arisen as to whether one who does not notify PennDOT of his or her change of address is precluded from asserting that the Commonwealth did not provide them with actual notice. [4] In Commonwealth v. Heckman, supra, 404 Pa.Super. 335 , 590 A.2d 1261 , a panel of this court enunciated the following rule: "[W]e today hold that when a defendant fails to notify PennDOT of a change in address pursuant to 75 Pa.C.S.A. § 1515, the defendant cannot rely on this violation of the law to insulate him from more serious violations by claiming lack of actual notice." Heckman, 4

1995Specifically, the question has arisen as to whether one who does not notify PennDOT of his or her change of address is precluded from asserting that the Commonwealth did not provide them with actual notice. [4] In Commonwealth v. Heckman, supra, 404 Pa.Super. 335 , 590 A.2d 1261 , a panel of this court enunciated the following rule: "[W]e today hold that when a defendant fails to notify PennDOT of a change in address pursuant to 75 Pa.C.S.A. § 1515, the defendant cannot rely on this violation of the law to insulate him from more serious violations by claiming lack of actual notice." Heckman, 4

11995–1995
Willowbrook Country Club, Inc. Liquor License Case green
pa · 1962
2 sentences

1975The much referred to case we are to be guided by in determining necessity is Willowbrook Country Club, Inc. Liquor License Case, 409 Pa. 370 , 187 A. 2d 154 (1962), where the court enunciated the following principle of law, viz.: “There is no doubt that to warrant the granting of an additional license in a ‘resort area,’ it must be clear that there is an actual need, and that the license holders already in business are not adequately equipped to supply the need of those frequenting the area.

1975The much referred to case we are to be guided by in determining necessity is Willowbrook Country Club, Inc. Liquor License Case, 409 Pa. 370 , 187 A. 2d 154 (1962), where the court enunciated the following principle of law, viz.: “There is no doubt that to warrant the granting of an additional license in a ‘resort area,’ it must be clear that there is an actual need, and that the license holders already in business are not adequately equipped to supply the need of those frequenting the area.

11975–1975
Willowbrook Country Club, Inc. Liquor License Case green
pasuperct · 1962
2 sentences

1975However, we agree with the conclusion reached in this case by the Superior Court, supra, [ 198 Pa. Superior Ct. 242 (1962)], as stated at page 246: ‘[That] the requirement of necessity in a resort area must be considered in the light of the circumstances under which the applicant operates.

1975However, we agree with the conclusion reached in this case by the Superior Court, supra, [ 198 Pa. Superior Ct. 242 (1962)], as stated at page 246: ‘[That] the requirement of necessity in a resort area must be considered in the light of the circumstances under which the applicant operates.

11975–1975

Where else courts name it

PA 6 (1974–1997) IL 5 (1982–1997) CA 4 (1974–2008) WV 4 (1977–2011) OH 2 (1979–2002) FL 2 (1942–2014) LA 2 (1982–1994) MD 2 (1991–2013)

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.

← Caselaw search · G Cite Topics · Brief Check