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6 Pennsylvania opinions name it 2 courts 1984–2022 1 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. Williamsgreen2 sentences2016Under Section 9765, “[n]o crimes shall merge for sentencing purposes unless the crimes arise from a single criminal act and all of the statutory elements of one offense are included in the statutory 2 Under a hybrid test, courts are instructed to “evaluate the statutory elements of each crime [as charged], with an eye to the specific allegations leveled in the case” to determine “whether the defendant was charged and convicted on a single set of facts that satisfies both offenses.” Commonwealth v. Williams, 920 A.2d 887, 889 (Pa. Super. 2007) (citation and quotation omitted). 2016Under a statutory elements test, no two offenses may merge unless “all of the statutory elements of one offense coincide with the statutory elements of the other offense.” Id. at 891 . -2- J. | 1 | 1 |
Burton v. Workers' Compensation Appeal Boardgreen2 sentences2000See Burton, 711 A.2d at 601 . 8 It therefore appears that Meden’s attempt to employ the standard articulated in Dillon in post-500-week cases has resulted in a hybrid standard that increases the burden upon a claimant seeking total disability benefits within the 500-week period to establish that he is medically disabled in a pure physical sense such that he is incapable of performing even sedentary work, see Burton, 711 A.2d at 601 , and perhaps understates the burden borne by a claimant seeking compensation for total disability following the expiration of the 500-week period. 2000See Burton, 711 A.2d at 601 . 8 It therefore appears that Meden’s attempt to employ the standard articulated in Dillon in post-500-week cases has resulted in a hybrid standard that increases the burden upon a claimant seeking total disability benefits within the 500-week period to establish that he is medically disabled in a pure physical sense such that he is incapable of performing even sedentary work, see Burton, 711 A.2d at 601 , and perhaps understates the burden borne by a claimant seeking compensation for total disability following the expiration of the 500-week period. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Griffith v. United Air Lines, Inc.
green
2 sentences2022By using this hybrid test, courts can analyze “the policies and interests underlying the particular issue before the court.” Id. at 805 . 2019By using this hybrid test, courts can analyze “the policies and interests underlying the particular issue before the court.” Id. | 2 | 2019–2022 |
Commonwealth v. Mason, L., Aplt
green
1 sentence2019Commonwealth v. Mason, 130 A.3d 601 , 617–18 (Pa. 2015) (citations, footnotes, and internal quotation marks omitted).3 Appellant’s first question is a hybrid claim of ineffectiveness by plea counsel for the guilty plea to third-degree murder and the negotiated sentence. | 1 | 2019–2019 |
Commonwealth v. Jones
green
1 sentence2016Appellant relies on Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006), for the proposition that courts in this Commonwealth should apply a hybrid approach to merger analysis in which they consider both the statutory elements of the offenses as well as the facts in the well-pleaded complaint. | 1 | 2016–2016 |
Dillon v. Workmen's Compensation Appeal Board
green
2 sentences2000With regard to cases in which a modification petition is filed within the period of eligibility for compensation for partial disability, we reaffirm the standards enunciated in Dillon, 536 Pa. at 498 , 640 A.2d at 390 . 2000With regard to cases in which a modification petition is filed within the period of eligibility for compensation for partial disability, we reaffirm the standards enunciated in Dillon, 536 Pa. at 498 , 640 A.2d at 390 . | 1 | 2000–2000 |
Commonwealth v. Gardner
neutral
2 sentences1984Commonwealth v. Gardner, 499 Pa. 263 , 452 A.2d 1346 (1982) was a hybrid of waiver-of-jury and guilty plea cases. 1984Commonwealth v. Gardner, 499 Pa. 263 , 452 A.2d 1346 (1982) was a hybrid of waiver-of-jury and guilty plea cases. | 1 | 1984–1984 |
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.