merger of related offenses doctrine (Pennsylvania) · Go Syfert
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merger of related offenses doctrine in Pennsylvania

6 Pennsylvania opinions name it 2 courts 2000–2006 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 (5)

CaseFollowedCited
Commonwealth v. Andersongreen
pa · 1994 · cited in 6 Pennsylvania opinions naming this issue, 2000–2006
2 sentences

2006At issue is the doctrine of merger of related offenses, which "is a rule of statutory construction designed to determine whether the legislature intended for the punishment of one offense to encompass that for another offense arising from the same criminal act or transaction." Commonwealth v. Anderson, 538 Pa. 574 , 650 A.2d 20, 21 (1994) (holding that aggravated assault is a lesser included offense of attempted murder); accord Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932) (opining that where the same act or transaction constitutes a violation of two dist

2006At issue is the doctrine of merger of related offenses, which "is a rule of statutory construction designed to determine whether the legislature intended for the punishment of one offense to encompass that for another offense arising from the same criminal act or transaction." Commonwealth v. Anderson, 538 Pa. 574 , 650 A.2d 20, 21 (1994) (holding that aggravated assault is a lesser included offense of attempted murder); accord Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932) (opining that where the same act or transaction constitutes a violation of two dist

66
Zimmerman v. Commonwealth Department of Transportation, Bureau of Driver Licensingred
pacommwct · 2000 · cited in 2 Pennsylvania opinions naming this issue, 2003–2003
2 sentences

2003“The operative inquiry is whether the crimes involved are greater and lesser-included offenses, i.e., whether the two charges constitute the same offense.” Zimmerman v. Department of Transportation, Bureau of Driver Licensing, 759 A.2d 953, 956 (Pa.Cmwlth.2000), petition for allowance of appeal denied, 567 Pa. 753 , 788 A.2d 382 (2001). 8 This Court has previously applied the. doctrine of merger of related offenses to proceedings before DOT and other administrative tribunals that arise as a result of criminal convictions.

2003"The operative inquiry is whether the crimes involved are greater and lesser-included offenses, i.e., whether the two charges constitute the same offense." Zimmerman v. Department of Transportation, Bureau of Driver Licensing, 759 A.2d 953, 956 (Pa.Cmwlth.2000), petition for allowance of appeal denied, 567 Pa. 753 , 788 A.2d 382 (2001). [8] This Court has previously applied the doctrine of merger of related offenses to proceedings before DOT and other administrative tribunals that arise as a result of criminal convictions.

22
Blockburger v. United Statesgreen
scotus · 1931 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
2 sentences

2006At issue is the doctrine of merger of related offenses, which "is a rule of statutory construction designed to determine whether the legislature intended for the punishment of one offense to encompass that for another offense arising from the same criminal act or transaction." Commonwealth v. Anderson, 538 Pa. 574 , 650 A.2d 20, 21 (1994) (holding that aggravated assault is a lesser included offense of attempted murder); accord Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932) (opining that where the same act or transaction constitutes a violation of two dist

2006At issue is the doctrine of merger of related offenses, which "is a rule of statutory construction designed to determine whether the legislature intended for the punishment of one offense to encompass that for another offense arising from the same criminal act or transaction." Commonwealth v. Anderson, 538 Pa. 574 , 650 A.2d 20, 21 (1994) (holding that aggravated assault is a lesser included offense of attempted murder); accord Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932) (opining that where the same act or transaction constitutes a violation of two dist

11
Richards v. COM., DOTgreen
pacommwct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
2 sentences

2006See also Richards v, Department of Transportation, Bureau of Driver Licensing, 827 A.2d 575 (Pa.Cmwlth.2003), petition for allowance of appeal denied, 576 Pa. 727 , 841 A.2d 533 (2003) [upholding the imposition of a one-year suspension and five-year suspension of drivers’ license privileges based on the licensee’s underlying convictions for two counts of Aggravated Assault by vehicle while DUI arising from single incident, and holding that the doctrine of merger of related offenses did not preclude imposition of both suspensions as administrative sanctions for underlying convictions arising fr

2006See also Richards v. Department of Transportation, Bureau of Driver Licensing, 827 A.2d 575 (Pa.Cmwlth.2003), petition for allowance of appeal denied, 576 Pa. 727 , 841 A.2d 533 (2003) [upholding the imposition of a one-year suspension and five-year suspension of drivers' license privileges based on the licensee's underlying convictions for two counts of Aggravated Assault by vehicle while DUI arising from single incident, and holding that the doctrine of merger of related offenses did not preclude imposition of both suspensions as administrative sanctions for underlying convictions arising fr

11
Commonwealth v. Buffingtongreen
pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
2 sentences

2006Commonwealth v. Buffington, 574 Pa. 29, 39 , 828 A.2d 1024, 1028 (2003).

2006Commonwealth v. Buffington, 574 Pa. 29, 39 , 828 A.2d 1024, 1028 (2003).

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

PA § 75 Pa. Cons. Stat. § 1532 (5) PA § 75 Pa. Cons. Stat. § 3735.1 (4) PA § 75 Pa. Cons. Stat. § 1542 (3) PA § 75 Pa. Cons. Stat. § 3731 (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.

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