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6 Pennsylvania opinions name it 2 courts 1974–2025 4 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. Wojdakgreen2 sentences2024See Wojdak, 466 A.2d at 996 (finding evidentiary inferences infirm unless the inferred fact is more likely than not to flow from the proven fact). 2024See Wojdak, 466 A.2d at 996 . | 1 | 2 |
Com. v. Dunkins, A.green1 sentence2025Commonwealth v. Perez, 666 Pa. 29 , 48, 249 A.3d 1092 , 1102-03 (2021) (citations and quotation marks omitted). “[A] perpetrator’s identity may be established with circumstantial evidence.” Commonwealth v. Dunkins, 229 A.3d 622, 632 (Pa.Super. 2020), cert. denied, ___ U.S. ___, 142 S.Ct. 1679 , 212 L.Ed.2d 584 (2022). | 1 | 1 |
Ex Parte Cathy Lynn HENDERSONgreen1 sentence2025These are known as Schlup claims, where the lower standard is justified “because the conviction ‘may not be entitled to the same degree of respect of one . . . that is the product of an error-free trial.’” Allen, 366 S.W.3d at 705 (quoting Schlup, 513 U.S. at 316 ); see Ex Parte Henderson, 384 S.W.3d 833, 835 (Tex. Crim. | 1 | 1 |
Commonwealth v. Packardgreen1 sentence2021Id. at 21, citing Wojdak, 466 A.2d at 966 and Commonwealth v. Packard, 767 A.2d 1068, 1071 (Pa. Super. 2001), abrogated on other grounds, Commonwealth v. Dantzler, 135 A.3d 1109 , 1112 n.5 (Pa. Super. 2016). | 1 | 1 |
Kurland v. Stolkergreen1 sentence2020In Kurland v. Stolker, 533 A.2d 1370, 1372 (Pa. 1987), the Supreme Court of the Pennsylvania, when faced with a real-estate transaction that the alleged seller argued violated the statute of frauds, rejected the chancellor’s application of the more-likely-than-not standard for fact finding as legally insufficient. | 1 | 1 |
Turner v. United Statesgreen2 sentences1974See Barnes v. United States, 412 U.S. 837, 841-44 , 93 S. Ct. 2357, 2361-62 (1973) ; Turner v. United States, 396 U.S. 398, 404-05 , 90 S. Ct. 642, 646 (1970). 1974See Barnes v. United States, 412 U.S. 837, 841-44 , 93 S. Ct. 2357, 2361-62 (1973) ; Turner v. United States, 396 U.S. 398, 404-05 , 90 S. Ct. 642, 646 (1970). | 1 | 1 |
Leary v. United Statesgreen2 sentences1974In Leary v. United States, 395 U.S. 6 , 89 S. Ct. 1532 (1969), the Supreme Court did not “reach the question whether a criminal presumption which passes muster when so judged [by the more-likely-than-not standard] must also satisfy the criminal ‘reasonable doubt’ standard if proof of the crime charged or an essential element thereof depends upon its use.” Id. at 36 n.64, 89 S. Ct. at 1548, n.64 . 1974In Leary v. United States, 395 U.S. 6 , 89 S. Ct. 1532 (1969), the Supreme Court did not “reach the question whether a criminal presumption which passes muster when so judged [by the more-likely-than-not standard] must also satisfy the criminal ‘reasonable doubt’ standard if proof of the crime charged or an essential element thereof depends upon its use.” Id. at 36 n.64, 89 S. Ct. at 1548, n.64 . | 1 | 1 |
Barnes v. United Statesgreen2 sentences1974See Barnes v. United States, 412 U.S. 837, 841-44 , 93 S. Ct. 2357, 2361-62 (1973) ; Turner v. United States, 396 U.S. 398, 404-05 , 90 S. Ct. 642, 646 (1970). 1974See Barnes v. United States, 412 U.S. 837, 841-44 , 93 S. Ct. 2357, 2361-62 (1973) ; Turner v. United States, 396 U.S. 398, 404-05 , 90 S. Ct. 642, 646 (1970). | 1 | 1 |
Commonwealth v. McFarlandgreen2 sentences1974The view that presumptions and inferences are to be given different constitutional treatment was later rejected in Commonwealth v. MacFarland, 452 Pa. 435, 439 , 308 A.2d 592, 594 (1973). [3] In Leary v. United States, 395 U.S. 6 , 89 S. Ct. 1532 (1969), the Supreme Court did not "reach the question whether a criminal presumption which passes muster when so judged [by the more-likely-than-not standard] must also satisfy the criminal `reasonable doubt' standard if proof of the crime charged or an essential element thereof depends upon its use." Id. at 36 n.64, 89 S. Ct. at 1548, n.64 . 1974The view that presumptions and inferences are to be given different constitutional treatment was later rejected in Commonwealth v. MacFarland, 452 Pa. 435, 439 , 308 A.2d 592, 594 (1973). [3] In Leary v. United States, 395 U.S. 6 , 89 S. Ct. 1532 (1969), the Supreme Court did not "reach the question whether a criminal presumption which passes muster when so judged [by the more-likely-than-not standard] must also satisfy the criminal `reasonable doubt' standard if proof of the crime charged or an essential element thereof depends upon its use." Id. at 36 n.64, 89 S. Ct. at 1548, n.64 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Allen
green
1 sentence2025These are known as Schlup claims, where the lower standard is justified “because the conviction ‘may not be entitled to the same degree of respect of one . . . that is the product of an error-free trial.’” Allen, 366 S.W.3d at 705 (quoting Schlup, 513 U.S. at 316 ); see Ex Parte Henderson, 384 S.W.3d 833, 835 (Tex. Crim. | 1 | 2025–2025 |
Schlup v. Delo
red
1 sentence2025These are known as Schlup claims, where the lower standard is justified “because the conviction ‘may not be entitled to the same degree of respect of one . . . that is the product of an error-free trial.’” Allen, 366 S.W.3d at 705 (quoting Schlup, 513 U.S. at 316 ); see Ex Parte Henderson, 384 S.W.3d 833, 835 (Tex. Crim. | 1 | 2025–2025 |
Brady v. Maryland
green
1 sentence2025By contrast, the more-likely-than-not standard applies to innocence claims tied to a constitutional error at trial, such as the withholding of evidence by the prosecution in violation of Brady v. Maryland, 373 U.S. 83 (1963). | 1 | 2025–2025 |
Commonwealth v. Dantzler
green
1 sentence2021Id. at 21, citing Wojdak, 466 A.2d at 966 and Commonwealth v. Packard, 767 A.2d 1068, 1071 (Pa. Super. 2001), abrogated on other grounds, Commonwealth v. Dantzler, 135 A.3d 1109 , 1112 n.5 (Pa. Super. 2016). | 1 | 2021–2021 |
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.