43 Pennsylvania opinions name it 4 courts 1985–2025 16 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. Wexlergreen2 sentences2023See Commonwealth v. Hardy, 918 A.2d 766, 771 (Pa. Super. 2007) (“When briefing the various issues that have been preserved, it is an appellant’s duty to present arguments that are ____________________________________________ 1 Commonwealth v. Wexler, 431 A.2d 877, 879 (Pa. 1981) (setting forth a non-exhaustive list of factors for the court’s consideration on review of an adult expungement petition as follows: (1) the strength of the Commonwealth’s case against the petitioner; (2) the reasons the Commonwealth gives for wishing to retain the records; (3) the petitioner’s age, criminal record, an 2021The Court detailed a non-exhaustive list of factors a trial court should consider, stating the court “must balance the individual’s right to be free from harm attendant to maintenance of the arrest record against the Commonwealth’s interest in preserving such records.” Id. at 879 . | 11 | 16 |
Maritrans GP Inc. v. Pepper, Hamilton & Scheetzgreen2 sentences2022Id. at 279-80 (adopting the non- exhaustive list of factors enumerated in Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz, 602 A.2d 1277 , 1289 (Pa. 1992) (Nix, C.J., dissenting)); see also Rippon v. Rippon, 2014 Pa. Dist. & Cnty. 2022Id. at 279-80 (adopting the non- exhaustive list of factors enumerated in Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz, 602 A.2d 1277, 1289 (Pa. 1992) (Nix, C.J., dissenting)); see also Rippon v. Rippon, 2014 Pa. Dist. & Cnty. | 2 | 2 |
Dworkin v. General Motors Corp.green2 sentences2022Id. at 279-80 (adopting the non- exhaustive list of factors enumerated in Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz, 602 A.2d 1277 , 1289 (Pa. 1992) (Nix, C.J., dissenting)); see also Rippon v. Rippon, 2014 Pa. Dist. & Cnty. 2022Id. at 279-80 (adopting the non- exhaustive list of factors enumerated in Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz, 602 A.2d 1277, 1289 (Pa. 1992) (Nix, C.J., dissenting)); see also Rippon v. Rippon, 2014 Pa. Dist. & Cnty. | 2 | 2 |
Commonwealth v. Battsgreen2 sentences2018The United States Supreme Court has spoken clearly on this issue: “mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishments.’” Miller, 132 S.Ct.at 2460; see also Knox, 50 A.3d at 769 (holding that “a mandatory sentence of a term of life imprisonment without the possibility of parole for a juvenile offender convicted of second-degree murder is cruel and unusual punishment and a violation of the Eighth Amendment of the United States - 15 - J-S13021-18 Constitution and Article I, Section 1 2013The United States Supreme Court has spoken clearly on this issue: “Mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishments.’ ” Miller, 132 S.Ct. at 2460 ; see also Knox, 50 A.3d at 769 (holding that “A mandatory sentence of a term of life imprisonment without the possibility of parole for a juvenile offender convicted of second-degree murder is cruel and unusual punishment and a violation of the Eighth Amendment of the United States Constitution and Article I, Section 13 of the Pennsyl | 2 | 2 |
Commonwealth v. Hanngreen2 sentences2017See Commonwealth v. Hann, 81 A.3d 57, 67-68 (Pa. 2013). 2016See Commonwealth v. Hann, 81 A.3d 57, 67-68 (Pa. 2013). | 2 | 2 |
Com. v. Adams, J.green2 sentences2025Commonwealth v. Adams, 317 A.3d 639, 643-644 (Pa. Super. 2024). - 12 - J-A14044-25 Where entire cases are nolle prossed or withdrawn, as in Adams, we apply the balancing test addressed in Wexler which includes the following non-exhaustive list of factors that we should consider: [(1)] the strength of the Commonwealth’s case against the petitioner [; (2)] the reasons the Commonwealth gives for wishing to retain the records[; (3)] the petitioner’s age, criminal record, and employment history[; (4)] the length of time that has elapsed between the arrest and the petition to expunge[; and (5)] the 2025Where entire cases are nolle prossed or withdrawn, as occurred in Adams, supra, we apply the balancing test addressed in Wexler which includes the following non-exhaustive list of factors that we should consider: [(1)] the strength of the Commonwealth’s case against the petitioner [; (2)] the reasons the Commonwealth gives for wishing to retain the records[; (3)] the petitioner’s age, criminal record, and employment history[; (4)] the length of time that has elapsed between the arrest and the petition to expunge[; and (5)] the specific adverse consequences the petitioner may endure should expu | 1 | 2 |
Com. v. DMgreen2 sentences2017Commonwealth v. Wexler, 494 Pa. 325 , 431 A.2d 877, 879 (Pa. 1981); [Commonwealth v.] D.M., [ 548 Pa. 131 , 695 A.2d 770 , 772 (1977)] (“We reiterate the authority of Wexler and the balancing test approved therein as the means of deciding petitions to expunge the records of all arrests which are terminated without convictions except in cases of acquittals.”). ____________________________________________ 4 18 Pa.C.S. § 9122(a) addresses mandatory expungement, and 18 Pa.C.S. § 9122(b) addresses discretionary expungement. -4- J-S12020-17 To aid courts in applying the balancing test for expungemen 2017Commonwealth v. Wexler, 494 Pa. 325 , 431 A.2d 877, 879 (Pa. 1981); [Commonwealth v.] D.M., [ 548 Pa. 131 , 695 A.2d 770 , 772 (1977)] (“We reiterate the authority of Wexler and the balancing test approved therein as the means of deciding petitions to expunge the records of all arrests which are terminated without convictions except in cases of acquittals.”). ____________________________________________ 4 18 Pa.C.S. § 9122(a) addresses mandatory expungement, and 18 Pa.C.S. § 9122(b) addresses discretionary expungement. -4- J-S12020-17 To aid courts in applying the balancing test for expungemen | 1 | 2 |
Commonwealth v. Alexandergreen1 sentence2025Commonwealth v. Gibson, 318 A.3d 927 , 936 (Pa. Super. 2024); see also Alexander, 383 A.2d at 887 . | 1 | 1 |
Com. v. Banniger, A.green1 sentence2025Id. at 1092-93 (citation omitted). | 1 | 1 |
Commonwealth v. Gonzalezgreen1 sentence2025Gonzalez, 109 A.3d at 721 (cleaned up). | 1 | 1 |
Commonwealth v. Valentingreen1 sentence2024Commonwealth v. Valentin, 748 A.2d 711, 714 (Pa. Super. 2000). | 1 | 1 |
Commonwealth v. Hardygreen1 sentence2023See Commonwealth v. Hardy, 918 A.2d 766, 771 (Pa. Super. 2007) (“When briefing the various issues that have been preserved, it is an appellant’s duty to present arguments that are ____________________________________________ 1 Commonwealth v. Wexler, 431 A.2d 877, 879 (Pa. 1981) (setting forth a non-exhaustive list of factors for the court’s consideration on review of an adult expungement petition as follows: (1) the strength of the Commonwealth’s case against the petitioner; (2) the reasons the Commonwealth gives for wishing to retain the records; (3) the petitioner’s age, criminal record, an | 1 | 1 |
Commonwealth v. Mendenhallgreen2 sentences2022Our Supreme Court has indicated that reviewing courts must view “‘all circumstances evidencing a show of authority or exercise of force, including the demeanor of the police officer, the manner of expression used by the officer in addressing the citizen, and the content of the interrogatories or statements’ when determining whether an officer’s conduct is a mere encounter with a citizen or amounts to a seizure.” Thomas, 273 A.3d at 1199 (quoting Commonwealth v. Mendenhall, 715 A.2d 1117, 1119 (Pa. 1998)). - 10 - J-S01035-22 Among the non-exhaustive list of factors relevant to this inquiry are 2022Our Supreme Court has indicated that reviewing courts must view “‘all circumstances evidencing a show of authority or exercise of force, including the demeanor of the police officer, the manner of expression used by the officer in addressing the citizen, and the content of the interrogatories or statements’ when determining whether an officer’s conduct is a mere encounter with a citizen or amounts to a seizure.” Thomas, 273 A.3d at 1199 (quoting Commonwealth v. Mendenhall, 715 A.2d 1117, 1119 (Pa. 1998)). - 10 - J-S01035-22 Among the non-exhaustive list of factors relevant to this inquiry are | 1 | 1 |
Commonwealth v. Maxwellgreen1 sentence2021When the Wexler balancing test applies, the Commonwealth is required “to bear the burden of affirmatively justifying why the arrest record should not be expunged.” Commonwealth v. Maxwell, 737 A.2d 1243, 1244 (Pa. Super. 1999) (citing Wexler, 431 A.2d at 880 ). | 1 | 1 |
Commonwealth v. Matthewgreen1 sentence2019Commonwealth v. Matthew, 909 A.2d 1254, 1258 (Pa. 2008). | 1 | 1 |
Commonwealth v. Knoxgreen1 sentence2018The United States Supreme Court has spoken clearly on this issue: “mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishments.’” Miller, 132 S.Ct.at 2460; see also Knox, 50 A.3d at 769 (holding that “a mandatory sentence of a term of life imprisonment without the possibility of parole for a juvenile offender convicted of second-degree murder is cruel and unusual punishment and a violation of the Eighth Amendment of the United States - 15 - J-S13021-18 Constitution and Article I, Section 1 | 1 | 1 |
Commonwealth v. Stricklergreen2 sentences2017In Commonwealth v. Strickler, 563 Pa. 47 , 757 A.2d 884 (2000), the Court set forth a non-exhaustive list of factors deemed relevant in assessing ■ whether a seizure has occurred: the presence of police excesses; physical contact with the suspect; police direction of the subject’s movements; the demeanor of the officer; the location of the confrontation; the manner of expression directed to the citizen; and the content of statements or interrogatories. 2017In Commonwealth v. Strickler, 563 Pa. 47 , 757 A.2d 884 (2000), the Court set forth a non-exhaustive list of factors deemed relevant in assessing ■ whether a seizure has occurred: the presence of police excesses; physical contact with the suspect; police direction of the subject’s movements; the demeanor of the officer; the location of the confrontation; the manner of expression directed to the citizen; and the content of statements or interrogatories. | 1 | 1 |
K.T. v. L.S.green1 sentence2016See 23 Pa.C.S. § 5328(a)(1)-(16); K.T. v. L.S., 118 A.3d 1136, 1154 (Pa. Super. 2015) (noting procedural history in which this Court vacated and remanded to have trial court consider the Section 5328(a) factors and the Section 5328(c)(1) factors in addressing the grandparents’ custody petition). | 1 | 1 |
Trumbull Corp. v. Boss Construction, Inc.green1 sentence2015Trumbull Corp. v. Boss Constr., Inc., 747 A.2d 395, 399 (Pa. Super. 2000) (citations omitted). | 1 | 1 |
Commonwealth v. Knoxgreen1 sentence2013The United States Supreme Court has spoken clearly on this issue: “Mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishments.’ ” Miller, 132 S.Ct. at 2460 ; see also Knox, 50 A.3d at 769 (holding that “A mandatory sentence of a term of life imprisonment without the possibility of parole for a juvenile offender convicted of second-degree murder is cruel and unusual punishment and a violation of the Eighth Amendment of the United States Constitution and Article I, Section 13 of the Pennsyl | 1 | 1 |
Flynn v. AK Peters, Ltd.green1 sentence2011Peters, Ltd., 377 F. 3d 13, 20 (1st Cir. 2004)), and requires the party claiming trademark protection to “not only show that it used the personal name as a trademark, but that a substantial portion of the consuming public associates the name specifically with its business.” AFL Philadelphia, LLC, supra. The United States Court of Appeals for the Third Circuit has developed the following non-exhaustive list of factors which may be considered in determining whether a term has acquired a secondary meaning: (1) the extent of sales and advertising leading to buyer association; (2) length of use; (3 | 1 | 1 |
| Commonwealth v. Dunlapgreen | 1 | 1 |
| Commonwealth v. Rootsgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Rhodes
green
2 sentences2023Whether a defendant used forcible compulsion depends on the totality of the circumstances, including this non-exhaustive list of factors: the respective ages of the victim and the accused, the respective mental and physical conditions of the victim and the accused, the atmosphere and physical setting in which the incident was alleged to have taken place, the extent to which the accused may have been in a position of authority, domination or custodial control over the victim, and whether the victim was under duress. -7- J-S23020-23 Id. 2023Whether a defendant used forcible compulsion depends on the totality of the circumstances, including this non-exhaustive list of factors: the respective ages of the victim and the accused, the respective mental and physical conditions of the victim and the accused, the atmosphere and physical setting in which the incident was alleged to have taken place, the extent to which the accused may have been in a position of authority, domination or custodial control over the victim, and whether the victim was under duress. -7- J-S23020-23 Id. | 4 | 2023–2025 |
Com. v. Thomas, D.
green
1 sentence2022Our Supreme Court has indicated that reviewing courts must view “‘all circumstances evidencing a show of authority or exercise of force, including the demeanor of the police officer, the manner of expression used by the officer in addressing the citizen, and the content of the interrogatories or statements’ when determining whether an officer’s conduct is a mere encounter with a citizen or amounts to a seizure.” Thomas, 273 A.3d at 1199 (quoting Commonwealth v. Mendenhall, 715 A.2d 1117, 1119 (Pa. 1998)). - 10 - J-S01035-22 Among the non-exhaustive list of factors relevant to this inquiry are | 1 | 2022–2022 |
Commonwealth v. Williams
green
1 sentence2018Id. at 973 (citing Kennedy v. Mendoza-Martinez , 372 U.S. 144 , 168-69, 83 S.Ct. 554 , 9 L.Ed.2d 644 (1963) ). | 1 | 2018–2018 |
Kennedy v. Mendoza-Martinez
green
2 sentences2018Id. at 973 (citing Kennedy v. Mendoza-Martinez , 372 U.S. 144 , 168-69, 83 S.Ct. 554 , 9 L.Ed.2d 644 (1963) ). 2018Id. at 973 (citing Kennedy v. Mendoza-Martinez , 372 U.S. 144 , 168-69, 83 S.Ct. 554 , 9 L.Ed.2d 644 (1963) ). | 1 | 2018–2018 |
Commonwealth v. Zimmick
green
2 sentences2018In Commonwealth v. Zimmick, 653 A.2d 1217 (Pa. 1995), our Supreme Court set forth a non-exhaustive list of factors courts may consider in determining whether an individual accused of violating subsection 1543(b)(1) had actual notice of a license suspension: Factors that a finder of fact may consider in determining circumstantially or directly whether a defendant had actual notice of his or her suspension include, but are not limited to, evidence that the defendant was verbally or in writing apprised of the license suspension during the trial or a plea, statements by the accused indicating know 2018Zimmick, 653 A.2d at 1221 . | 1 | 2018–2018 |
Commonwealth v. Randolph
green
1 sentence2018Our Supreme Court has articulated the following non-exhaustive list of factors to be used in assessing the totality of circumstances: "1) the presence or absence of police excesses; 2) whether there was physical contact; 3) whether police directed the citizen's movements; 4) police demeanor and manner of expression; 5) the location and time of the interdiction; 6) the content of the questions and statements; 7) the existence and character of the initial investigative detention, including its degree of coerciveness; 8) the degree to which the transition between the traffic stop/investigative de | 1 | 2018–2018 |
Commonwealth v. Delbridge
green
1 sentence2016Our Supreme Court ruled examination on taint at a competency hearing becomes “necessary in those cases where there is some evidence that improper interview techniques, suggestive questioning, vilification of the accused and interviewer bias may have influenced a child - 16 - J-S18006-16 witness to such a degree that the proffered testimony may be irreparably compromised.” Id. at 39 . | 1 | 2016–2016 |
Miller v. Alabama
green
1 sentence2013The United States Supreme Court has spoken clearly on this issue: “Mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishments.’ ” Miller, 132 S.Ct. at 2460 ; see also Knox, 50 A.3d at 769 (holding that “A mandatory sentence of a term of life imprisonment without the possibility of parole for a juvenile offender convicted of second-degree murder is cruel and unusual punishment and a violation of the Eighth Amendment of the United States Constitution and Article I, Section 13 of the Pennsyl | 1 | 2013–2013 |
AFL PHILADELPHIA LLC v. Krause
green
1 sentence2011Peters, Ltd., 377 F. 3d 13, 20 (1st Cir. 2004)), and requires the party claiming trademark protection to “not only show that it used the personal name as a trademark, but that a substantial portion of the consuming public associates the name specifically with its business.” AFL Philadelphia, LLC, supra. The United States Court of Appeals for the Third Circuit has developed the following non-exhaustive list of factors which may be considered in determining whether a term has acquired a secondary meaning: (1) the extent of sales and advertising leading to buyer association; (2) length of use; (3 | 1 | 2011–2011 |
| Commonwealth v. LAWSON green | 1 | 2007–2007 |
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.