Newman test (Pennsylvania) · Go Syfert
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Newman test in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1994–2021 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.

Followed or applied (4)

CaseFollowedCited
Crosby v. Com., Dept. of Transp.green
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021WOJCIK, Judge OPINION BY JUDGE COVEY FILED: April 8, 2021 Newman & Co., Inc. (Newman) appeals from the Philadelphia County Common Pleas Court’s (trial court) April 12, 2019 order finding in favor of the City of Philadelphia (City) and dismissing Newman’s Amended Complaint (Amended Complaint); and the trial court’s March 6, 2020 order denying Newman’s motion for post-trial relief (Post-Trial Motion).1 Newman presents two issues for this Court’s review: (1) whether the trial court erred as a matter of law or abused its discretion in deciding that Newman was not the fee simple owner of a 30-foot-

11
Crystal Lake Camps v. Alfordgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021WOJCIK, Judge OPINION BY JUDGE COVEY FILED: April 8, 2021 Newman & Co., Inc. (Newman) appeals from the Philadelphia County Common Pleas Court’s (trial court) April 12, 2019 order finding in favor of the City of Philadelphia (City) and dismissing Newman’s Amended Complaint (Amended Complaint); and the trial court’s March 6, 2020 order denying Newman’s motion for post-trial relief (Post-Trial Motion).1 Newman presents two issues for this Court’s review: (1) whether the trial court erred as a matter of law or abused its discretion in deciding that Newman was not the fee simple owner of a 30-foot-

11
Commonwealth v. Harvardgreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019Commonwealth v. Harvard, 64 A.3d 690, 701 (Pa.Super. 2013).5 ____________________________________________ 5 Although we do not look beyond the Rule 2119(f) statement in order to assess whether a substantial question exists, we observe that Newman repeats in the argument section of his brief that there is a substantial question his sentence is inappropriate “because it is outside the guideline range and all information was not properly considered.” Newman’s Br. at 9.

11
Commonwealth v. Greengreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015See generally Commonwealth v. Green, 76 A.3d 575, 582 (Pa. Super. 2013) (stating, “an error is harmless only if we are convinced beyond a reasonable doubt that there is no reasonable possibility that the error could have contributed to the verdict … [and t]he Commonwealth bears the burden of establishing the harmlessness of the error[]”), appeal denied, 87 A.3d 318 (Pa. 2014).

2015See generally Commonwealth v. Green, 76 A.3d 575, 582 (Pa. Super. 2013) (stating, “an error is harmless only if we are convinced beyond a reasonable doubt that there is no reasonable possibility that the error could have contributed to the verdict … [and t]he Commonwealth bears the burden of establishing the harmlessness of the error[]”), appeal denied, 87 A.3d 318 (Pa. 2014).

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 (5)

CaseCitedYears
B.S. Mitchell v. M. Milburn ~ Appeal of: M. Milburn green
pacommwct · 2018
1 sentence

2021Mitchell v. Milburn, 199 A.3d 501 , 504 n.3 (Pa. Cmwlth. 2018).

12021–2021
Commonwealth v. Newman green
pasuperct · 2014
2 sentences

2018Newman, 84 A.3d at 1078 .

2018Newman, 84 A.3d at 1078 .

12018–2018
Alleyne v. United States green
scotus · 2013
1 sentence

2015The Newman Court first concluded that the defendant’s sentence was illegal in light of Alleyne [v. United States, 133 S. Ct. 2151 (2013)] and required this Court to vacate and remand for resentencing.

12015–2015
Commonwealth v. Newman green
pasuperct · 2014
1 sentence

2014Newman, supra, at 102-03 . -8- J-S60042-14 Newman did not, however, issue a definitive ruling on Section 7508, because Section 7508 was not implicated in the Newman defendant’s sentence.

12014–2014
Commonwealth v. Lark green
pa · 1988
2 sentences

1994Pa R.Crim.P. 1128 authorizes severance “if it appears that any party may be prejudiced by offenses or defendants being tried together.” The prejudice being referenced according to Commonwealth v. Lark, 518 Pa. 290 , 543 A.2d 491 (1988) is “that which would occur if the evidence tended to convict appellant only by showing his propensity to commit crimes, or because the jury was incapable of separating the evidence or could not avoid cumulating the evidence.” Id. at 307-8 , 543 A.2d at 499 .

1994Pa R.Crim.P. 1128 authorizes severance “if it appears that any party may be prejudiced by offenses or defendants being tried together.” The prejudice being referenced according to Commonwealth v. Lark, 518 Pa. 290 , 543 A.2d 491 (1988) is “that which would occur if the evidence tended to convict appellant only by showing his propensity to commit crimes, or because the jury was incapable of separating the evidence or could not avoid cumulating the evidence.” Id. at 307-8 , 543 A.2d at 499 .

11994–1994

Where else courts name it

TX 11 (1997–2026) DC 6 (1981–2021) PA 6 (1994–2021) AZ 4 (2015–2016) NE 4 (1988–2018) GA 3 (1996–2025) KS 3 (1990–2010) IA 3 (2014–2022) OH 3 (2010–2026) NY 3 (2012–2024) ID 3 (2004–2016) IN 3 (1989–2015) UT 2 (2008–2026) WA 2 (2013–2021) KY 2 (2024–2024) CA 2 (2024–2025) CO 2 (2014–2025) SC 2 (2013–2014) FL 2 (2000–2004)

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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