existence of mitigating factors in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1990–2018 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)

Case	Followed	Cited
Commonwealth v. Treibergreen pa · 2005 · cited in 2 Pennsylvania opinions naming this issue, 2009–2016 2 sentences 2016Ct. slip op. at 22, quoting Commonwealth v. Walter, 966 A.2d 560, 568 (Pa. 2009), citing Commonwealth v. Treiber, 874 A.2d 26, 30-31 (Pa. 2005). 2016Ct. slip op. at 22, quoting Commonwealth v. Walter, 600 Pa. 392 , 966 A.2d 560, 568 (2009), citing Commonwealth v. Treiber, 582 Pa. 646 , 874 A.2d 26, 30-31 (2005).	2	2
Commonwealth v. Waltergreen pa · 2009 · cited in 2 Pennsylvania opinions naming this issue, 2016–2016 2 sentences 2016Moreover, in Commonwealth v. Walter, 966 A.2d 560 (Pa. 2009), cert. denied, Walter v. Pennsylvania, 558 U.S. 1052 (2009) this Court held: [t]he law is clear that the task of determining the existence of mitigating factors is for the jury alone. 2016Moreover, in Commonwealth v. Walter, 600 Pa. 392 , 966 A.2d 560 (2009), cert. denied, Walter v. Pennsylvania, 558 U.S. 1052 , 130 S.Ct. 743 , 175 L.Ed.2d 522 (2009) this Court held: [t]he law is clear that the task of determining the existence of mitigating factors is for the jury alone.	1	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (2)

Case	Cited	Years
Commonwealth v. Bavusa green pa · 2003 2 sentences 2018Id. at 530 (citing Bavusa , 832 A.2d at 1052 ). 2018Id. at 530 (citing Bavusa , 832 A.2d at 1052 ).	2	2012–2018
Office of Disciplinary Counsel v. Eilberg green pa · 1982 1 sentence 1990Id. *24 As the Board concluded, the actions which resulted in Costigan’s criminal convictions reflect wrongdoing and a serious lack of judgment.	1	1990–1990

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9711 (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

IL 91 (1987–2026) NY 70 (1980–2026) NJ 18 (1983–2009) OH 16 (1987–2020) NC 16 (1979–2018) CA 11 (1976–2026) MD 8 (2001–2025) FL 8 (1978–2026) IN 6 (1986–2014) PA 6 (1990–2018) AZ 5 (1981–2011) MN 5 (2007–2017) CT 4 (1999–2009) CO 4 (1990–2001) AL 3 (2007–2022) ME 3 (2010–2011) LA 2 (2010–2024) IA 2 (2022–2025) WA 2 (2013–2013)

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