timing requirement (Pennsylvania) · Go Syfert
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timing requirement in Pennsylvania

43 Pennsylvania opinions name it 4 courts 1979–2026 12 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 (38)

CaseFollowedCited
Commonwealth v. Covilgreen
pa · 1977 · cited in 2 Pennsylvania opinions naming this issue, 2014–2018
2 sentences

2018While the timing of such an instruction is discretionary, our Supreme Court has “emphasize[d] that it is better to give the limiting instruction at the time the evidence is admitted.” Covil, supra at 845 .

2014While the timing of such an instruction is discretionary, our Supreme Court has “emphasize[d] that it is better to give the limiting instruction at the time the evidence is admitted.” Overby, 809 A.2d at 315 n. 1, quoting Covil, 378 A.2d at 845 (ellipsis omitted).

12
Commonwealth v. Peterkingreen
pa · 1998 · cited in 2 Pennsylvania opinions naming this issue, 2008–2018
2 sentences

2018I § 14, concluding that the timing requirement represented a reasonable restriction.” Commonwealth v. Brown, 943 A.2d 264, 268 (Pa. 2008) (citing Peterkin, 722 A.2d at 642 ).

2008See Peterkin, 554 Pa. at 557-58 , 722 A.2d at 642 .

12
Siegfried v. Borough of Wilsongreen
pacommwct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026“The appellate court may sua sponte refuse to address an issue raised on appeal that was not raised and preserved below[.]” Siegfried v. Borough of Wilson, 695 A.2d 892, 894 (Pa. 22 Cmwlth. 1997) (citation omitted).9 Likewise, Dunkelberger did not preserve the issue of the ALJ’s failure to rule on his subpoena requests because he did not raise it with the ALJ.

11
Blakely v. Washingtongreen
scotus · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Dixon, 255 A.3d 1258 , 1264 (Pa. 2021) (citing Alleyne, 570 U.S. at 114-15 (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”)); see also Ring v. Ariz., 536 U.S. 584, 600 (2002); Blakely v. Wash., 542 U.S. 296, 301 (2005); United States v. Booker, 543 U.S. 220, 231 (2005); Cunningham v. Cal., 549 U.S. 270, 282 (2007); Oregon v. Ice, 555 U.S. 160, 163 (2009); S. Union Co. v. United States, 567 U.S. 343, 346 (2012); United States v. Haymond,

11
United States v. Bookergreen
scotus · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Dixon, 255 A.3d 1258 , 1264 (Pa. 2021) (citing Alleyne, 570 U.S. at 114-15 (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”)); see also Ring v. Ariz., 536 U.S. 584, 600 (2002); Blakely v. Wash., 542 U.S. 296, 301 (2005); United States v. Booker, 543 U.S. 220, 231 (2005); Cunningham v. Cal., 549 U.S. 270, 282 (2007); Oregon v. Ice, 555 U.S. 160, 163 (2009); S. Union Co. v. United States, 567 U.S. 343, 346 (2012); United States v. Haymond,

11
Oregon v. Icegreen
scotus · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Dixon, 255 A.3d 1258 , 1264 (Pa. 2021) (citing Alleyne, 570 U.S. at 114-15 (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”)); see also Ring v. Ariz., 536 U.S. 584, 600 (2002); Blakely v. Wash., 542 U.S. 296, 301 (2005); United States v. Booker, 543 U.S. 220, 231 (2005); Cunningham v. Cal., 549 U.S. 270, 282 (2007); Oregon v. Ice, 555 U.S. 160, 163 (2009); S. Union Co. v. United States, 567 U.S. 343, 346 (2012); United States v. Haymond,

11
Cunningham v. Californiagreen
scotus · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Dixon, 255 A.3d 1258 , 1264 (Pa. 2021) (citing Alleyne, 570 U.S. at 114-15 (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”)); see also Ring v. Ariz., 536 U.S. 584, 600 (2002); Blakely v. Wash., 542 U.S. 296, 301 (2005); United States v. Booker, 543 U.S. 220, 231 (2005); Cunningham v. Cal., 549 U.S. 270, 282 (2007); Oregon v. Ice, 555 U.S. 160, 163 (2009); S. Union Co. v. United States, 567 U.S. 343, 346 (2012); United States v. Haymond,

11
Alleyne v. United Statesgreen
· 2013 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Dixon, 255 A.3d 1258 , 1264 (Pa. 2021) (citing Alleyne, 570 U.S. at 114-15 (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”)); see also Ring v. Ariz., 536 U.S. 584, 600 (2002); Blakely v. Wash., 542 U.S. 296, 301 (2005); United States v. Booker, 543 U.S. 220, 231 (2005); Cunningham v. Cal., 549 U.S. 270, 282 (2007); Oregon v. Ice, 555 U.S. 160, 163 (2009); S. Union Co. v. United States, 567 U.S. 343, 346 (2012); United States v. Haymond,

11
Ring v. Arizonagreen
scotus · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Dixon, 255 A.3d 1258 , 1264 (Pa. 2021) (citing Alleyne, 570 U.S. at 114-15 (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”)); see also Ring v. Ariz., 536 U.S. 584, 600 (2002); Blakely v. Wash., 542 U.S. 296, 301 (2005); United States v. Booker, 543 U.S. 220, 231 (2005); Cunningham v. Cal., 549 U.S. 270, 282 (2007); Oregon v. Ice, 555 U.S. 160, 163 (2009); S. Union Co. v. United States, 567 U.S. 343, 346 (2012); United States v. Haymond,

11
Southern Union Co. v. United Statesgreen
scotus · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Dixon, 255 A.3d 1258 , 1264 (Pa. 2021) (citing Alleyne, 570 U.S. at 114-15 (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”)); see also Ring v. Ariz., 536 U.S. 584, 600 (2002); Blakely v. Wash., 542 U.S. 296, 301 (2005); United States v. Booker, 543 U.S. 220, 231 (2005); Cunningham v. Cal., 549 U.S. 270, 282 (2007); Oregon v. Ice, 555 U.S. 160, 163 (2009); S. Union Co. v. United States, 567 U.S. 343, 346 (2012); United States v. Haymond,

11
DiFlorido v. DiFloridogreen
pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024As Justice Ginsburg tirelessly articulated, equality demands “woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” 161 Being empowered under the law to determine the timing of presumption under the common law concept of coverture that presumed that a married woman, committing a crime in her husband’s presence, was an unwilling participant); DiFlorido v. DiFlorido, 331 A.2d 174, 180 (Pa. 1975) (holding that property acquired in anticipation of or during marriage and which has been possessed and used by both spouses will, in absence of contrary evidence,

2024As Justice Ginsburg tirelessly articulated, equality demands “woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” 161 Being empowered under the law to determine the timing of presumption under the common law concept of coverture that presumed that a married woman, committing a crime in her husband’s presence, was an unwilling participant); DiFlorido v. DiFlorido, 331 A.2d 174, 180 (Pa. 1975) (holding that property acquired in anticipation of or during marriage and which has been possessed and used by both spouses will, in absence of contrary evidence,

11
Gonzales v. Carhartgreen
scotus · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024As Justice Ginsburg tirelessly articulated, equality demands “woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” 161 Being empowered under the law to determine the timing of presumption under the common law concept of coverture that presumed that a married woman, committing a crime in her husband’s presence, was an unwilling participant); DiFlorido v. DiFlorido, 331 A.2d 174, 180 (Pa. 1975) (holding that property acquired in anticipation of or during marriage and which has been possessed and used by both spouses will, in absence of contrary evidence,

11
Commonwealth v. Butlergreen
pa · 1974 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024As Justice Ginsburg tirelessly articulated, equality demands “woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” 161 Being empowered under the law to determine the timing of presumption under the common law concept of coverture that presumed that a married woman, committing a crime in her husband’s presence, was an unwilling participant); DiFlorido v. DiFlorido, 331 A.2d 174, 180 (Pa. 1975) (holding that property acquired in anticipation of or during marriage and which has been possessed and used by both spouses will, in absence of contrary evidence,

11
Hartford Accident & Indemnity Co. v. Insurance Commissioner of Commonwealthgreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024As Justice Ginsburg tirelessly articulated, equality demands “woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” 161 Being empowered under the law to determine the timing of presumption under the common law concept of coverture that presumed that a married woman, committing a crime in her husband’s presence, was an unwilling participant); DiFlorido v. DiFlorido, 331 A.2d 174, 180 (Pa. 1975) (holding that property acquired in anticipation of or during marriage and which has been possessed and used by both spouses will, in absence of contrary evidence,

11
Hopkins v. Blancogreen
pa · 1974 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024As Justice Ginsburg tirelessly articulated, equality demands “woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” 161 Being empowered under the law to determine the timing of presumption under the common law concept of coverture that presumed that a married woman, committing a crime in her husband’s presence, was an unwilling participant); DiFlorido v. DiFlorido, 331 A.2d 174, 180 (Pa. 1975) (holding that property acquired in anticipation of or during marriage and which has been possessed and used by both spouses will, in absence of contrary evidence,

11
Conway v. Danagreen
pa · 1974 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024As Justice Ginsburg tirelessly articulated, equality demands “woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” 161 Being empowered under the law to determine the timing of presumption under the common law concept of coverture that presumed that a married woman, committing a crime in her husband’s presence, was an unwilling participant); DiFlorido v. DiFlorido, 331 A.2d 174, 180 (Pa. 1975) (holding that property acquired in anticipation of or during marriage and which has been possessed and used by both spouses will, in absence of contrary evidence,

11
Commonwealth v. Spotz, M., Aplt.green
pa · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Commonwealth v. Spotz, 171 A.3d 675, 729 (Pa. 2017).

11
Commonwealth v. Burrellgreen
pa · 1982 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See e.g., Commonwealth v. Brown, 469 A.2d 1371, 1376 (Pa. 1983); Commonwealth v. Burrell, 441 A.2d 744, 746 (Pa. 1983). “[I]t is clear that there is no statutory restriction in this State that would prevent the court from holding a hearing where the alleged violation is the commission of an offense during the probationary period prior to the trial for the subsequent offense.” Commonwealth v. Kates, 305 A.2d 701, 706 (Pa. 1973).

11
Commonwealth v. Katesgreen
pa · 1973 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See e.g., Commonwealth v. Brown, 469 A.2d 1371, 1376 (Pa. 1983); Commonwealth v. Burrell, 441 A.2d 744, 746 (Pa. 1983). “[I]t is clear that there is no statutory restriction in this State that would prevent the court from holding a hearing where the alleged violation is the commission of an offense during the probationary period prior to the trial for the subsequent offense.” Commonwealth v. Kates, 305 A.2d 701, 706 (Pa. 1973).

11
Commonwealth v. Sanchezgreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Commonwealth v. Sanchez, 204 A.3d 524, 526 (Pa. Super. 2019).

11
Commonwealth v. Browngreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See e.g., Commonwealth v. Brown, 469 A.2d 1371, 1376 (Pa. 1983); Commonwealth v. Burrell, 441 A.2d 744, 746 (Pa. 1983). “[I]t is clear that there is no statutory restriction in this State that would prevent the court from holding a hearing where the alleged violation is the commission of an offense during the probationary period prior to the trial for the subsequent offense.” Commonwealth v. Kates, 305 A.2d 701, 706 (Pa. 1973).

11
Commonwealth v. Yohegreen
pasuperct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
11
Commonwealth v. Albrechtgreen
pa · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
11
Commonwealth v. Fahygreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
11
Commonwealth v. Browngreen
pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
11
Feldman v. Hoffmangreen
pacommwct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
11
People v. Browngreen
ny · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
11
Commonwealth v. Felicianogreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
11
Commonwealth v. Fergusongreen
pasuperct · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
11
Commonwealth v. Harrisgreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
11
Commonwealth v. Abdul-Salaamgreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
11
Commonwealth v. Browngreen
pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
11
Commonwealth v. Sullivangreen
pa · 1990 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
11
Commonwealth v. Crewsgreen
pa · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
11
Commonwealth v. Bondgreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
11
Albert Appealgreen
pa · 1952 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
11
Commonwealth v. Morgangreen
pasuperct · 1979 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
11
Richardson v. Town Of Eastovergreen
ca4 · 1991 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
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 (28)

CaseCitedYears
Salsman v. Brown green
pasuperct · 2012
2 sentences

2018The Majority cites Salsman v. Brown , 51 A.3d 892 (Pa. Super. 2012), 5 which relied on Nationwide Mutual Ins.

2018The Majority cites Salsman v. Brown, 51 A.3d 892 (Pa. Super. 2012),5 which relied on Nationwide Mutual Ins.

22018–2018
M & P Management, L.P. v. Williams green
pa · 2007
1 sentence

2025However, in 1996, the Rules of Civil Procedure related to confessed judgments were amended to “create[] an express time period for opening or striking off confessed judgments with the timing requirement triggered upon receipt of notice.” Id. at 401 .

12025–2025
Williams v. F.L. Smithe MacHine Co. green
pa · 1990
1 sentence

2025As noted supra, in Williams, 577 A.2d 907 , this Court for the first time construed § 5103(b) as imposing a timing requirement which compels a plaintiff to transfer a case to a Pennsylvania court once a federal court has dismissed a claim for lack of jurisdiction.

12025–2025
United States v. Haymond green
· 2019
1 sentence

2025See Commonwealth v. Dixon, 255 A.3d 1258 , 1264 (Pa. 2021) (citing Alleyne, 570 U.S. at 114-15 (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”)); see also Ring v. Ariz., 536 U.S. 584, 600 (2002); Blakely v. Wash., 542 U.S. 296, 301 (2005); United States v. Booker, 543 U.S. 220, 231 (2005); Cunningham v. Cal., 549 U.S. 270, 282 (2007); Oregon v. Ice, 555 U.S. 160, 163 (2009); S. Union Co. v. United States, 567 U.S. 343, 346 (2012); United States v. Haymond,

12025–2025
Henderson v. Henderson green
pa · 1974
1 sentence

2024As Justice Ginsburg tirelessly articulated, equality demands “woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” 161 Being empowered under the law to determine the timing of presumption under the common law concept of coverture that presumed that a married woman, committing a crime in her husband’s presence, was an unwilling participant); DiFlorido v. DiFlorido, 331 A.2d 174, 180 (Pa. 1975) (holding that property acquired in anticipation of or during marriage and which has been possessed and used by both spouses will, in absence of contrary evidence,

12024–2024
Commonwealth Ex Rel. Spriggs v. Carson green
pa · 1977
1 sentence

2024As Justice Ginsburg tirelessly articulated, equality demands “woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” 161 Being empowered under the law to determine the timing of presumption under the common law concept of coverture that presumed that a married woman, committing a crime in her husband’s presence, was an unwilling participant); DiFlorido v. DiFlorido, 331 A.2d 174, 180 (Pa. 1975) (holding that property acquired in anticipation of or during marriage and which has been possessed and used by both spouses will, in absence of contrary evidence,

12024–2024
In re Estate of Easterday green
pa · 2019
2 sentences

2023It next observed that in the decades after it promulgated Rule 1920.42(b), the General Assembly amended the Divorce Code on multiple times but never did so “in a manner that would either eliminate or in any respect alter this Court’s inclusion of a timing requirement for the signing of an affidavit of consent (i.e., within thirty days of filing) to effectuate a no-fault divorce under section 3301(c).” Id.

2023It next observed that in the decades after it promulgated Rule 1920.42(b), the General Assembly amended the Divorce Code on multiple times but never did so “in a manner that would either eliminate or in any respect alter this Court’s inclusion of a timing requirement for the signing of an affidavit of consent (i.e., within thirty days of filing) to effectuate a no-fault divorce under section 3301(c).” Id.

12023–2023
Transportation Services, Inc. v. Underground Storage Tank Indemnification Board green
pacommwct · 2013
1 sentence

2023Servs., 67 A.3d at 155 ).

12023–2023
cluster 465432 green
ca11 · 1986
12021–2021
Commonwealth v. Smith green
pasuperct · 2015
2 sentences

2021Appellant alternatively argues that his ineffectiveness claim satisfies the newly discovered fact exception to the PCRA’s timing requirement set forth at ____________________________________________ 13 In Commonwealth v. Smith, 121 A.3d 1049 (Pa. Super. 2015), a panel of this Court held that the fact a petitioner was represented by the allegedly ineffective counsel at the time Rule 907 notice was provided did not excuse the petitioner’s obligation to “complain about PCRA counsel’s stewardship.” Id. at 1055 .

2021Appellant alternatively argues that his ineffectiveness claim satisfies the newly discovered fact exception to the PCRA’s timing requirement set forth at ____________________________________________ 13 In Commonwealth v. Smith, 121 A.3d 1049 (Pa. Super. 2015), a panel of this Court held that the fact a petitioner was represented by the allegedly ineffective counsel at the time Rule 907 notice was provided did not excuse the petitioner’s obligation to “complain about PCRA counsel’s stewardship.” Id. at 1055 .

12021–2021
Williams v. Madenspacher green
pa · 2016
12020–2020
Com. v. Schirmer neutral
pasuperct · 2018
12019–2019
Creach v. Creach green
pa · 1987
12019–2019
Lazaric v. Lazaric green
pasuperct · 2003
12019–2019
Com. v. BAHIY green
pasuperct · 2009
12017–2017
Eathorne v. State Ethics Commission green
pacommwct · 2008
12017–2017
Commonwealth v. Miller green
pasuperct · 2014
12017–2017
Commonwealth v. Spotz green
pa · 2011
12016–2016
Missouri v. Frye green
scotus · 2012
12015–2015
Lafler v. Cooper green
scotus · 2012
12015–2015
Commonwealth v. Overby green
pa · 2002
12014–2014
Dietrich v. Dietrich green
pasuperct · 2007
12009–2009
Commonwealth v. Demark green
pasuperct · 2002
12008–2008
Moody v. Daggett green
scotus · 1976
12000–2000
Commonwealth v. Wood green
pasuperct · 1994
11996–1996
Patterson v. Cronin green
colo · 1982
11991–1991
Mathews v. Eldridge green
scotus · 1976
11991–1991
Wardius v. Oregon green
scotus · 1973
11979–1979

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9545 (14) PA § 42 Pa. Cons. Stat. § 9543 (6) PA § 42 Pa. Cons. Stat. § 9541 (5) PA § 18 Pa. Cons. Stat. § 2502 (4) PA § 18 Pa. Cons. Stat. § 3121 (3) PA § 42 Pa. Cons. Stat. § 9542 (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

IL 78 (1979–2026) PA 43 (1979–2026) CA 37 (1979–2026) MI 20 (1999–2025) NY 20 (1992–2026) OH 19 (2007–2024) TX 18 (2001–2016) WA 16 (1999–2025) GA 15 (1983–2025) MO 15 (1989–2024) UT 14 (2000–2026) OR 12 (1979–2025) DC 11 (1980–2023) NE 10 (2006–2022) MN 10 (1994–2025) FL 9 (1988–2024) MD 8 (1998–2025) AZ 8 (2000–2025) CT 8 (1994–2021) DE 8 (1994–2024) IA 7 (2016–2021) MA 7 (1994–2025) LA 6 (1998–2012) NC 6 (1998–2020) MT 6 (1985–2011) VA 6 (2010–2019) TN 6 (2016–2024) CO 5 (2011–2026) ID 5 (1986–2023) RI 5 (1980–2015) KS 5 (1982–2024) WI 4 (1981–2014) HI 4 (1994–2016) IN 4 (2011–2026) NJ 4 (2000–2026) AK 3 (1984–2022) NM 3 (2006–2025) SC 3 (2001–2022) AL 3 (2001–2006) WY 3 (2010–2018) KY 3 (2020–2025) NV 2 (2022–2024) SD 2 (2008–2021) MS 2 (1991–1992) NH 2 (1992–2023)

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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