How cited: Commonwealth v. Overby · Go Syfert

Commonwealth v. Overby (2002)

green · 49 citation events across 5 courts. Showing the 15 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2002 → 2026 · click a year to view the case as of then
200220142026
green Odd v. Malone (2008)
Rule Authority · 3rd Cir. · 4 citations in this opinion
Id. at 299.
green Com. v. Gelsinger, M. (2016)
Rule Authority · Pa. Super. Ct. · 2 citations in this opinion
Commonwealth v. Overby, 809 A.2d 295, 300-01 (citations and quotation marks omitted).
Rule Authority · Pa. · 2 citations in this opinion
See Richardson v. Marsh, 481 U.S. 200, 206 , 107 *836 S.Ct. 1702, 95 L.Ed.2d 176 (1987) ("[W]here two defendants are tried jointly, the pretrial confession of one cannot be admitted against the other unless the confessing defendant takes the stand."); Nelson v. O'Neil, 402 U.S. 622, 627 , 91 S.Ct. 1723 , 29 L.Ed.2d 222 (1971) ("The Constitution as construed in Bruton, in other words, is violated only where the out-of-court hearsay statement is that of a declarant who is unav…
where express implication exists in joint trial, jury instruction insufficient to cure prejudice to non-testifying co-defendant, and violates Confrontation Clause
Rule Authority · Pa. · 2 citations in this opinion
With certain rare exceptions ... the trial judge is not duty-bound to raise additional arguments on behalf of one party or another such that, if and when the judge fails to do so, he has `erred.'" Commonwealth v. Overby, 570 Pa. 328 , 809 A.2d 295, 316 (2002) (Castille, J., dissenting); see also Commonwealth v. Pachipko, 450 Pa.Super. 677 , 677 A.2d 1247, 1249 (1996) (noting that it is "clearly inappropriate" for a trial judge to raise an issue on behalf of a party and act a…
Castille, J., dissenting
Rule Authority · E.D. Pa.
(Id.); Commonwealth v. Overby, 809 A.2d 295, 297 (Pa. 2002) (citing Bruton v. United States, 391 U.S. 123, 136 (1968)).
citing Bruton v. United States, 391 U.S. 123, 136 (1968)
green Com. v. Stanton, K. (2020)
Rule Authority · Pa. Super. Ct.
Travers, 768 A.2d at 848 -7- J-S04022-20 (severance unnecessary because substitution of phrases such as “the other man” for any specific references to defendant by name was sufficient to protect his Confrontation Clause rights); Commonwealth v. Overby, 809 A.2d 295, 303 (Pa. 2002) (co-defendant’s statement that implicated defendant by contextual implication through reference to other trial evidence admissible with redaction and cautionary instruction).
co-defendant’s statement that implicated defendant by contextual implication through reference to other trial evidence admissible with redaction and cautionary instruction
Rule Authority · Pa. Commw. Ct.
With certain rare exceptions . . . the trial judge is not duty-bound to raise additional arguments on behalf of one party or another such that, if and when the judge fails to do so, he has ‘erred.’” Commonwealth v. Overby, [ 809 A.2d 295, 316 (Pa. 2002)] (Castille, J., dissenting); see also Commonwealth v. Pachipko, [ 677 A.2d 1247, 1249 (Pa. Super. 1996)] (noting that it is “clearly inappropriate” for a trial judge to raise an issue on behalf of a party and act as an advoca…
green Com. v. Perez, T. (2018)
Rule Authority · Pa. Super. Ct.
As our Supreme Court has explained, “where a hearsay statement is not admitted against the non- declaring co-defendant as evidence, then the court must consider whether sufficient precautions have been taken to insulate the non-declaring co- - 21 - J-S16015-18 defendant from spillover prejudice due to the admission of the hearsay statement.” Commonwealth v. Overby, 809 A.2d 295, 301 (Pa. 2002).
green Com. v. Rogers, K. (2017)
Rule Authority · Pa. Super. Ct.
VI; Commonwealth v. Overby, 570 Pa. 328, 337 , 809 A.2d 295, 300 (2002).
green Commonwealth v. Laird (2010)
Rule Authority · Pa.
VI; Commonwealth v. Overby, 570 Pa. 328, 337 , 809 A.2d 295, 300 (2002).
green Odd v. Malone (2008)
Cited · 3rd Cir. · signal: see
See Commonwealth v. Overby, 809 A.2d 295, 298-99 (Pa. 2002).
green Schneyder v. Smith (2008)
Cited · 3rd Cir. · signal: see
See Commonwealth v. Overby, 809 A.2d 295, 298-99 (Pa. 2002).
Cited (see also) · Pa. · signal: see also · 4 citations in this opinion
Ass'n, 562 Pa. 238 , 754 A.2d 1255, 1259 (2000); see also Commonwealth v. Overby, 570 Pa. 328 , 809 A.2d 295 (2002) (Castille, J., dissenting) (disagreeing with plurality’s sua sponte conversion of ineffective assistance of counsel claim into underlying but waived claim of trial court error from which it derived).
Castille, J., dissenting
green Com. v. Tedesco, T. (2017)
Cited · Pa. Super. Ct. · signal: see
See Commonwealth v. Overby, 809 A.2d 295, 302 (Pa. 2002).
green Com. v. Torres, J. (2015)
Cited · Pa. Super. Ct. · signal: see
See Commonwealth v. Overby, 809 A.2d 295 , 315 n.1 (Pa. 2002).