first instance challenge (Pennsylvania) · Go Syfert
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first instance challenge in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1983–2024 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 (4)

CaseFollowedCited
Durham v. McElynngreen
pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024The trial court, however, makes the “ultimate determination as to what is in the best interests of the child.”47 Thus, Judge Pellegrini opined, it was the juvenile court judge who was responsible for determining the best interests of the children and who was the direct cause of the purported harms for which N.W.M. was seeking damages 42 See id. at *9 (Pellegrini, J., concurring and dissenting) (citing cases where the Superior Court or Commonwealth Court determined in the first instance that immunity applied to certain officials performing judicial or quasi-judicial functions). 43 See id. at *9

11
Thorson, J. v. EDDW, LLCgreen
pasuperct · 2024 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Commonwealth v. Lawrence, 309 A.3d 152, 156 (Pa.Super. 2024).

11
Commonwealth v. Rykardgreen
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Commonwealth v. Rykard, 55 A.3d 1177, 1184 (Pa.Super. 2012).

11
Commonwealth v. Browngreen
pa · 1981 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
2 sentences

1984See Commonwealth v. Brown, 497 Pa. 7 , 438 A.2d 592 (1981).

1984See Commonwealth v. Brown, 497 Pa. 7 , 438 A.2d 592 (1981).

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 (3)

CaseCitedYears
Commonwealth v. Sam green
pa · 1993
2 sentences

2022Confusingly, the trial court repeatedly referenced Commonwealth v. Sam, 535 Pa. 350 , 635 A.2d 603 (1993), a decision involving circumstances in which counsel acceded to the defendant’s wishes to forego a presentation of mitigating evidence, see id. at 367-69 , 635 A.2d at 611-12 , not a scenario such as the present one 2 Even with this explanation, I question whether it was a creditable strategy in the first instance for a defense attorney to impugn his own client with collateral bad-character evidence of the above nature and degree.

2022Confusingly, the trial court repeatedly referenced Commonwealth v. Sam, 535 Pa. 350 , 635 A.2d 603 (1993), a decision involving circumstances in which counsel acceded to the defendant’s wishes to forego a presentation of mitigating evidence, see id. at 367-69 , 635 A.2d at 611-12 , not a scenario such as the present one 2 Even with this explanation, I question whether it was a creditable strategy in the first instance for a defense attorney to impugn his own client with collateral bad-character evidence of the above nature and degree.

12022–2022
Commonwealth v. Brown green
pasuperct · 1903
2 sentences

1983To have allowed him to do so would, as is forcefully put by the court below, have given him “a distinct advantage in excess of what the statute accords him____ and the result would have been precisely the same as if the defendant had been speculating on the chance of saving a challenge.” Id., 212 Pa. at 371 , 61 A. 989 .

1983To have allowed him to do so would, as is forcefully put by the court below, have given him "a distinct advantage *187 in excess of what the statute accords him . . . . and the result would have been precisely the same as if the defendant had been speculating on the chance of saving a challenge." Id., 212 Pa. at 371 , 61 A. 989 .

11983–1983
Commonwealth v. Evans neutral
pa · 1905
2 sentences

1983To have allowed him to do so would, as is forcefully put by the court below, have given him “a distinct advantage in excess of what the statute accords him____ and the result would have been precisely the same as if the defendant had been speculating on the chance of saving a challenge.” Id., 212 Pa. at 371 , 61 A. 989 .

1983To have allowed him to do so would, as is forcefully put by the court below, have given him “a distinct advantage in excess of what the statute accords him____ and the result would have been precisely the same as if the defendant had been speculating on the chance of saving a challenge.” Id., 212 Pa. at 371 , 61 A. 989 .

11983–1983

Where else courts name it

CA 81 (1928–2025) IL 10 (1925–1993) NY 8 (1936–2024) GA 8 (1913–2024) PA 6 (1983–2024) AZ 5 (1974–2012) OK 3 (1938–2007) OH 3 (2007–2012) ID 3 (1917–2018) TX 3 (1991–2023) AL 2 (1847–2005) MI 2 (1984–2018) OR 2 (2003–2022) MA 2 (2010–2019) WI 2 (1991–1998) LA 2 (1993–2006) KY 2 (1965–2010) HI 2 (2004–2011) CT 2 (1992–2001)

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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