6 Pennsylvania opinions name it 2 courts 1973–2017 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.
| Case | Followed | Cited |
|---|---|---|
Nash v. United Statesgreen2 sentences2017Controlled Substance Analogues 4, and although that adjective may be qualitative, the Supreme Court has stressed that it does not “doubt the constitutionality of laws that call for the application of a qualitative standard such as ‘substantial risk’ to real-world conduct”— noting, further, that “ ‘the law is full of instances where a man’-s fate depends on his estimating rightly ,.. some matter of degree.’” Johnson, — U.S. at -, 135 S.Ct. at 2561 (quoting Nash v. United States, 229 U.S. 373, 377 , 33 S.Ct. 780, 781 , 57 L.Ed. 1232 (1913)); see 21 AM. 2017Controlled Substance Analogues 4, and although that adjective may be qualitative, the Supreme Court has stressed that it does not “doubt the constitutionality of laws that call for the application of a qualitative standard such as ‘substantial risk’ to real-world conduct”— noting, further, that “ ‘the law is full of instances where a man’-s fate depends on his estimating rightly ,.. some matter of degree.’” Johnson, — U.S. at -, 135 S.Ct. at 2561 (quoting Nash v. United States, 229 U.S. 373, 377 , 33 S.Ct. 780, 781 , 57 L.Ed. 1232 (1913)); see 21 AM. | 1 | 2 |
Commonwealth v. Rosegreen2 sentences1977As the Supreme Court noted in a similar situation, “[w]e fail to see, however, without engaging in highly unreasonable speculation, just how the jury could conclude that the qualitative standard applied to the Commonwealth’s burden and repeatedly as *591 serted by the trial judge can be transferred in the jury’s mind as applying to a burden of the defendant, when the jury has been specifically told that there is only one burden which is on the Commonwealth and the defendant has no burden of proof or disproof.” Commonwealth v. Rose, 449 Pa. 608, 611 , 297 A.2d 122, 124 (1972). 1977As the Supreme Court noted in a similar situation, “[w]e fail to see, however, without engaging in highly unreasonable speculation, just how the jury could conclude that the qualitative standard applied to the Commonwealth’s burden and repeatedly as *591 serted by the trial judge can be transferred in the jury’s mind as applying to a burden of the defendant, when the jury has been specifically told that there is only one burden which is on the Commonwealth and the defendant has no burden of proof or disproof.” Commonwealth v. Rose, 449 Pa. 608, 611 , 297 A.2d 122, 124 (1972). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. United States
green
2 sentences2017Controlled Substance Analogues 4, and although that adjective may be qualitative, the Supreme Court has stressed that it does not “doubt the constitutionality of laws that call for the application of a qualitative standard such as ‘substantial risk’ to real-world conduct”— noting, further, that “ ‘the law is full of instances where a man’-s fate depends on his estimating rightly ,.. some matter of degree.’” Johnson, — U.S. at -, 135 S.Ct. at 2561 (quoting Nash v. United States, 229 U.S. 373, 377 , 33 S.Ct. 780, 781 , 57 L.Ed. 1232 (1913)); see 21 AM. 2017Whether evidentiary sufficiency to prove guilt can be predicated solely on comparing two-dimensional diagrams is not an issue presently before the Court. [J-124-2016] - 24 constitutionality of laws that call for the application of a qualitative standard such as ‘substantial risk’ to real-world conduct” – noting, further, that “‘the law is full of instances where a man’s fate depends on his estimating rightly . . . some matter of degree.’” Johnson, ___ U.S. at ___, 135 S. Ct. at 2561 (quoting Nash v. United States, 229 U.S. 373, 377 , 33 S. Ct. 780, 781 (1913)); see 21 AM. | 2 | 2017–2017 |
Brannan v. Lankenau Hospital
green
2 sentences1998In Brannan v. Lankenau Hospital, 490 Pa. 588 , 417 A.2d 196 (1980), this Court returned to the quantitative standard set forth in Duckworth . 1998In Brannan v. Lankenau Hospital, 490 Pa. 588 , 417 A.2d 196 (1980), this Court returned to the quantitative standard set forth in Duckworth . | 1 | 1998–1998 |
Tobash v. Jones
green
2 sentences1998In Tobash v. Jones, 419 Pa. 205 , 213 A.2d 588 (1965), the Court approved a jury instruction based on a qualitative standard, in which the trial court informed the jury that a physician is not negligent if he followed a line of beliefs "subscribed to by reputable, respectable and reasonable medical experts.” Id. at 216 , 213 A.2d at 593 . 1998In Tobash v. Jones, 419 Pa. 205 , 213 A.2d 588 (1965), the Court approved a jury instruction based on a qualitative standard, in which the trial court informed the jury that a physician is not negligent if he followed a line of beliefs "subscribed to by reputable, respectable and reasonable medical experts.” Id. at 216 , 213 A.2d at 593 . | 1 | 1998–1998 |
St. Amant v. Thompson
green
1 sentence1978Amant, supra, at page 731, 88 S.Ct. at page 1325 : “[Cjases are clear that reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. | 1 | 1978–1978 |
Miranda v. Arizona
green
2 sentences1973However, in determining if evidence of a confession is admissible at trial, it is my view the main inquiry is whether the confession was given voluntarily under the qualitative test of Miranda v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602 (1966), and the decisions of this Court following that landmark decision. 1973However, in determining if evidence of a confession is admissible at trial, it is my view the main inquiry is whether the confession was given voluntarily under the qualitative test of Miranda v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602 (1966), and the decisions of this Court following that landmark decision. | 1 | 1973–1973 |
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.
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.