subjective intent standard (Pennsylvania) · Go Syfert
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subjective intent standard in Pennsylvania

6 Pennsylvania opinions name it 2 courts 2004–2021 2 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 (3)

CaseFollowedCited
United States v. Parrgreen
ca7 · 2008 · cited in 4 Pennsylvania opinions naming this issue, 2018–2021
2 sentences

2018See United States v. Parr, 545 F.3d 491, 500 (7th Cir. 2008) (opining that, after Black, “whether the Court meant to retire the objective ‘reasonable person’ approach or to add a subjective intent requirement to the prevailing test for true threats is unclear”).

2018See United States v. Parr , 545 F.3d 491 , 500 (7th Cir. 2008) (opining that, after Black , "whether the Court meant to retire the objective 'reasonable person' approach or to add a subjective intent requirement to the prevailing test for true threats is unclear").

44
United States v. Paul Kent Casselgreen
ca9 · 2005 · cited in 3 Pennsylvania opinions naming this issue, 2018–2021
2 sentences

2021See United States v. Cassel, 408 F.3d 622, 632-33 (9th Cir. 2005); but cf. Fogel v. Collins, 531 F.3d 824, 831 (9th Cir. 2008) (observing that the Ninth Circuit has not consistently followed a subjective-intent standard).

2021See United States v. Cassel, 408 F.3d 622, 632-33 (9th Cir. 2005); but cf. Fogel v. Collins, 531 F.3d 824, 831 (9th Cir. 2008) (observing that the Ninth Circuit has not consistently followed a subjective-intent standard).

33
State v. Taupiergreen
conn · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021State v. Taupier, 193 A.3d 1, 18 (Conn. 2019).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Fogel v. Collinsgreen
ca9 · 2008 · cited in 3 Pennsylvania opinions naming this issue, 2018–2021
2 sentences

2021See United States v. Cassel, 408 F.3d 622, 632-33 (9th Cir. 2005); but cf. Fogel v. Collins, 531 F.3d 824, 831 (9th Cir. 2008) (observing that the Ninth Circuit has not consistently followed a subjective-intent standard).

2021See United States v. Cassel, 408 F.3d 622, 632-33 (9th Cir. 2005); but cf. Fogel v. Collins, 531 F.3d 824, 831 (9th Cir. 2008) (observing that the Ninth Circuit has not consistently followed a subjective-intent standard).

33

Also cited on this issue (3)

CaseCitedYears
Commonwealth v. Knox, J., Aplt. green
pa · 2018
1 sentence

2021Still others have charted something of a middle course, suggesting that “an entirely objective definition [of a true threat] is no longer tenable” after Black, while reserving judgment on whether the standard should be subjective only, or a subjective-objective combination pursuant to which a statement “must objectively be a threat and subjectively be intended as such.” United States v. Parr, 545 F.3d 491, 500 (7th Cir. 2008) (emphasis in original). 190 A.3d at 1156 .

12021–2021
Daniels v. Williams green
scotus · 1986
2 sentences

2014Daniels v. Williams, 474 U.S. 327, 330 , 106 S.Ct. 662, 664 , 88 L.Ed.2d 662 (1986).

2014Daniels v. Williams, 474 U.S. 327, 330 , 106 S.Ct. 662, 664 , 88 L.Ed.2d 662 (1986).

12014–2014
Wiley v. State Farm Fire & Casualty Co. green
ca3 · 1993
2 sentences

2004Wiley, 995 F.2d at 460 .

2004Wiley, 995 F.2d at 460 .

12004–2004

Statutes the citing opinions construe

USC § 18u.s.c.875 (4) PA § 18 Pa. Cons. Stat. § 2706 (3) USC § 18u.s.c.871 (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.

Where else courts name it

WA 8 (2015–2023) TX 6 (1990–2018) PA 6 (2004–2021) CA 4 (2011–2025) NM 4 (1976–2023) IA 3 (2014–2018) UT 3 (1990–2009) IL 3 (1994–2014) ME 2 (2014–2014) AK 2 (1976–1976) CT 2 (2018–2018) CO 2 (2007–2020) LA 2 (1995–1996) NY 2 (1990–1993) AR 2 (2006–2006) NC 2 (2021–2021) AL 2 (1993–1998)

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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