voluntary waiver (Pennsylvania) · Go Syfert
← Pennsylvania issues

voluntary waiver in Pennsylvania

42 Pennsylvania opinions name it 6 courts 1888–2024 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 (18)

CaseFollowedCited
Commonwealth v. O'Donnellgreen
pa · 1999 · cited in 3 Pennsylvania opinions naming this issue, 2001–2017
2 sentences

2017Second, to the extent that Appellant’s argument suggests that his waiver of a jury trial colloquy was constitutionally infirm, we observe that a voluntary waiver of a jury trial will be found knowing and intelligent when the “on- record colloquy indicates that the defendant knew the essential ingredients of a jury trial which are necessary to understand the significance of the right being waived.” Commonwealth v. O’Donnell, 740 A.2d 198, 207-208 (Pa. 1999) (citation omitted).

2003In Commonwealth v. O'Donnell, 559 Pa. 320 , 740 A.2d 198, 211 (1999), this Court adopted the following principles as applicable to a capital defendant's waiver of his right to be sentenced by a jury pursuant to 42 Pa.C.S. § 9711(b): Before a voluntary waiver may be accepted as knowing and intelligent, the on-record colloquy must show that the defendant fully comprehended the significance of the right being waived and must indicate that, at a minimum, the defendant knew the essential protections inherent in a jury trial as well as the consequences attendant upon a relinquishment of those safegu

33
Commonwealth v. Williamsgreen
pa · 1973 · cited in 4 Pennsylvania opinions naming this issue, 1975–2001
2 sentences

1981A voluntary waiver of a jury trial will not be valid unless the record indicates the accused “knew the essential ingredients of a jury trial which are necessary to understand the significance of the right he was waiving.” Commonwealth v. Williams, 454 Pa. 368 , 312 A.2d 597 (1973) as appears in Commonwealth v. Boyd, 461 Pa. 17 , 334 A.2d 610 (1975).

1981A voluntary waiver of a jury trial will not be valid unless the record indicates the accused “knew the essential ingredients of a jury trial which are necessary to understand the significance of the right he was waiving.” Commonwealth v. Williams, 454 Pa. 368 , 312 A.2d 597 (1973) as appears in Commonwealth v. Boyd, 461 Pa. 17 , 334 A.2d 610 (1975).

24
Commonwealth v. Diehlgreen
pa · 1954 · cited in 4 Pennsylvania opinions naming this issue, 1971–1992
2 sentences

1992Commonwealth v. Diehl, 378 Pa. 214 , 107 A.2d 543 (1954), held that in a non-capital case, when defendant is out on bail and refuses to be present at a portion of his trial, his absence at any stage of the proceeding may be construed as a voluntary waiver of the right to be present.

1992Commonwealth v. Diehl, 378 Pa. 214 , 107 A.2d 543 (1954), held that in a non-capital case, when defendant is out on bail and refuses to be present at a portion of his trial, his absence at any stage of the proceeding may be construed as a voluntary waiver of the right to be present.

24
Commonwealth v. Youngbloodgreen
pa · 1973 · cited in 2 Pennsylvania opinions naming this issue, 1995–1997
2 sentences

1997Commonwealth v. Youngblood, 453 Pa. 225, 234 , 307 A.2d 922, 927 (1973) (willingness of defendant to speak to police, indicated by interview initiated by defendant, and Miranda warnings constitutes a voluntary waiver). 15 .

1997Commonwealth v. Youngblood, 453 Pa. 225, 234 , 307 A.2d 922, 927 (1973) (willingness of defendant to speak to police, indicated by interview initiated by defendant, and Miranda warnings constitutes a voluntary waiver). 15 .

22
Commonwealth v. Feltongreen
pasuperct · 1973 · cited in 2 Pennsylvania opinions naming this issue, 1976–1977
2 sentences

1977The principle was made into a rule in 1968 with the adoption of Pa.R.Crim.P. 1117(a): “The defendant’s absence without cause shall not preclude proceeding with the trial including the return of the verdict.” We reiterated the law in Commonwealth v. Felton, 224 Pa.Super. 398 , 307 A.2d 51 (1973), and concluded, as we do now, that a defendant may, in a non-capital case, voluntarily waive his right to be present at his trial if he is present at the beginning of trial, thereby knows of its commencement and subsequently absents himself from the trial.

1977The principle was made into a rule in 1968 with the adoption of Pa.R.Crim.P. 1117(a): “The defendant’s absence without cause shall not preclude proceeding with the trial including the return of the verdict.” We reiterated the law in Commonwealth v. Felton, 224 Pa.Super. 398 , 307 A.2d 51 (1973), and concluded, as we do now, that a defendant may, in a non-capital case, voluntarily waive his right to be present at his trial if he is present at the beginning of trial, thereby knows of its commencement and subsequently absents himself from the trial.

12
Burstein v. Prudential Property & Casualty Insurancegreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Rush, 265 A.3d at 796 (reasoning that UIM coverage applies broadly whenever an insured suffers injuries arising out of the use of a motor vehicle regardless of vehicle ownership); Burstein, 809 A.2d at 209 (explaining that, pursuant to the concept of universal portability, UIM coverage “follows the person, not the vehicle”).

11
Rush, M. v. Erie Insurance Exchangegreen
pasuperct · 2021 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Rush, 265 A.3d at 796 (reasoning that UIM coverage applies broadly whenever an insured suffers injuries arising out of the use of a motor vehicle regardless of vehicle ownership); Burstein, 809 A.2d at 209 (explaining that, pursuant to the concept of universal portability, UIM coverage “follows the person, not the vehicle”).

11
Commonwealth v. Lawsongreen
pasuperct · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019He also did not identify this alleged witness during the colloquy as a person who could provide him an alibi[.] The law is clear that “a voluntary waiver of testimony bars a claim of ineffective assistance for failure to testify.” Commonwealth v. Lawson, 762 A.2d 753, 756 (Pa. Super. 2000).

11
Commonwealth v. Whartongreen
pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
1 sentence

2013Brubacher Ex cavating, Inc. v. Workers’ Compensation Appeal Board (Bridges), 575 Pa.168, 835 A.2d 1273, 1277 (2003); Dale Manufacturing Company v. Bressi, 491 Pa. 493 , 421 A.2d 653, 654 (1980).

11
Dale Manufacturing Co. v. Bressigreen
pa · 1980 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
2 sentences

2013Brubacher Ex cavating, Inc. v. Workers’ Compensation Appeal Board (Bridges), 575 Pa.168, 835 A.2d 1273, 1277 (2003); Dale Manufacturing Company v. Bressi, 491 Pa. 493 , 421 A.2d 653, 654 (1980).

2013Brubacher Ex cavating, Inc. v. Workers’ Compensation Appeal Board (Bridges), 575 Pa.168, 835 A.2d 1273, 1277 (2003); Dale Manufacturing Company v. Bressi, 491 Pa. 493 , 421 A.2d 653, 654 (1980).

11
Harman Ex Rel. Harman v. Borahgreen
pa · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008Harman v. Borah, 562 Pa. 455, 469 , 756 A.2d 1116, 1123 (2000) (quotation marks and citations omitted). ¶ 14 In granting summary judgment to Monaghan, the trial court held that the following language, found on the reverse side of Tayar’s lift ticket, constituted a voluntary waiver of liability on the part of Tayar: PLEASE READ!

2008Harman v. Borah, 562 Pa. 455, 469 , 756 A.2d 1116, 1123 (2000) (quotation marks and citations omitted). ¶ 14 In granting summary judgment to Monaghan, the trial court held that the following language, found on the reverse side of Tayar’s lift ticket, constituted a voluntary waiver of liability on the part of Tayar: PLEASE READ!

11
Commonwealth v. Fletchergreen
pa · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
1 sentence

2000See Fletcher, 750 A.2d at 274-75 .

11
Commonwealth v. Moringreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999
2 sentences

1999Commonwealth v. Morin, 477 Pa. 80, 85 , 383 A.2d 832, 834 (1978).

1999Commonwealth v. Morin, 477 Pa. 80, 85 , 383 A.2d 832, 834 (1978).

11
Commonwealth v. McCrackengreen
pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997Commonwealth v. McCracken, 540 Pa. 541, 551 , 659 A.2d 541, 546 (1995) (Supreme Court must defer to credibility determinations made by trial court which had the opportunity to observe demeanor and hear testimony of witnesses.) Thus, since appellant initiated the interview in which he gave statements concerning the Gutman murder, that he was advised of his Miranda warnings and that he waived his right to counsel on that date, we conclude that the statements were made after a voluntary waiver of appellant’s rights.

1997Commonwealth v. McCracken, 540 Pa. 541, 551 , 659 A.2d 541, 546 (1995) (Supreme Court must defer to credibility determinations made by trial court which had the opportunity to observe demeanor and hear testimony of witnesses.) Thus, since appellant initiated the interview in which he gave statements concerning the Gutman murder, that he was advised of his Miranda warnings and that he waived his right to counsel on that date, we conclude that the statements were made after a voluntary waiver of appellant’s rights.

11
McCormick-Morgan, Inc. v. Teledyne Industries, Inc.green
cand · 1991 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
11
Commonwealth v. Fordgreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
11
Commonwealth v. Browngreen
pasuperct · 1984 · cited in 1 Pennsylvania opinions naming this issue, 1986–1986
11
United States v. Rundlegreen
ca3 · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1980–1980
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 (43)

CaseCitedYears
Commonwealth Ex Rel. Milewski v. Ashe green
pa · 1950
2 sentences

1956Milewski v. Ashe, 363 Pa. 596 , 70 A. 2d 625 , where former Chief Justice Maxbv ruled that where a defendant in a felony case is not in custody, his absence from the courtroom when the verdict is announced may be construed as a voluntary waiver on his part of his right to ¡be present.

1956Milewski v. Ashe, 363 Pa. 596 , 70 A. 2d 625 , where former Chief Justice Maxbv ruled that where a defendant in a felony case is not in custody, his absence from the courtroom when the verdict is announced may be construed as a voluntary waiver on his part of his right to ¡be present.

31954–1956
In the Interest of T.B. green
pasuperct · 2010
2 sentences

2016This Court has opined that a voluntary waiver is one that is “the product of a free and deliberate choice rather than intimidation, coercion or deception.” Id.

2014In support he relies on In re TB., 11 A.3d 500 (Pa. Super. 2010) where the Superior Court found that the juveQile defendant's voluntary waiver was not knowing and·intelligent.

22014–2016
Lee v. State green
miss · 1976
2 sentences

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

1983See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State, Ind., *124 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss.1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

21983–1989
State v. Clifton green
or · 1975
2 sentences

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

21983–1989
People v. Mason green
illappct · 1975
2 sentences

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

21983–1989
Grey v. State green
ind · 1980
2 sentences

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

1983See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State, Ind., *124 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss.1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

21983–1989
Randolph Daniel Keiper v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary green
ca9 · 1975
2 sentences

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

1983See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State, Ind., *124 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss.1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

21983–1989
State v. Bowden green
me · 1975
2 sentences

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

1983See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State, Ind., *124 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss.1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

21983–1989
McAdoo v. State green
wis · 1974
2 sentences

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

1989See also: Keiper v. Cupp, 509 F.2d 238 (9th Cir.1975); People v. Mason, 29 Ill.App.3d 121 , 329 N.E.2d 794 (1975); Grey v. State [273] Ind. [439] 404 N.E.2d 1348 (1980); State v. Bowden, 342 A.2d 281 (Me.1975); Lee v. State, 338 So.2d 395 (Miss. 1976); State v. Clifton, 271 Or. 177 , 531 P.2d 256 (1975); McAdoo v. State, 65 Wis.2d 596 , 223 N.W.2d 521 (1974).

21983–1989
Boykin v. Alabama green
scotus · 1969
2 sentences

1978Therein we reasoned: Although we cannot presume a voluntary waiver of any constitutional right from a silent record, Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); Carnley v. Cochran, 369 U.S. 506 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962); Commonwealth v. Cornitcher, 447 Pa. 539 , 291 A.2d 521 (1972), the issues here are whether a waiver can be found and upheld where it appears on the record in a subsequent hearing and the sufficiency of the subsequent colloquy in proving a knowing and intelligent waiver.

1978Therein we reasoned: Although we cannot presume a voluntary waiver of any constitutional right from a silent record, Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); Carnley v. Cochran, 369 U.S. 506 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962); Commonwealth v. Cornitcher, 447 Pa. 539 , 291 A.2d 521 (1972), the issues here are whether a waiver can be found and upheld where it appears on the record in a subsequent hearing and the sufficiency of the subsequent colloquy in proving a knowing and intelligent waiver.

21973–1978
Carnley v. Cochran green
scotus · 1962
2 sentences

1978Therein we reasoned: Although we cannot presume a voluntary waiver of any constitutional right from a silent record, Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); Carnley v. Cochran, 369 U.S. 506 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962); Commonwealth v. Cornitcher, 447 Pa. 539 , 291 A.2d 521 (1972), the issues here are whether a waiver can be found and upheld where it appears on the record in a subsequent hearing and the sufficiency of the subsequent colloquy in proving a knowing and intelligent waiver.

1978Therein we reasoned: Although we cannot presume a voluntary waiver of any constitutional right from a silent record, Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); Carnley v. Cochran, 369 U.S. 506 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962); Commonwealth v. Cornitcher, 447 Pa. 539 , 291 A.2d 521 (1972), the issues here are whether a waiver can be found and upheld where it appears on the record in a subsequent hearing and the sufficiency of the subsequent colloquy in proving a knowing and intelligent waiver.

21973–1978
Commonwealth v. Cornitcher green
pa · 1972
2 sentences

1978Therein we reasoned: Although we cannot presume a voluntary waiver of any constitutional right from a silent record, Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); Carnley v. Cochran, 369 U.S. 506 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962); Commonwealth v. Cornitcher, 447 Pa. 539 , 291 A.2d 521 (1972), the issues here are whether a waiver can be found and upheld where it appears on the record in a subsequent hearing and the sufficiency of the subsequent colloquy in proving a knowing and intelligent waiver.

1978Therein we reasoned: Although we cannot presume a voluntary waiver of any constitutional right from a silent record, Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); Carnley v. Cochran, 369 U.S. 506 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962); Commonwealth v. Cornitcher, 447 Pa. 539 , 291 A.2d 521 (1972), the issues here are whether a waiver can be found and upheld where it appears on the record in a subsequent hearing and the sufficiency of the subsequent colloquy in proving a knowing and intelligent waiver.

21973–1978
Oregon v. Bradshaw green
scotus · 1983
1 sentence

2022Bradshaw 462 U.S. at 1045-46 .

12022–2022
Miranda v. Arizona green
scotus · 1966
1 sentence

2017On appeal, this Court thoroughly analyzed the suppression court testimony, and ultimately agreed with the 1994 suppression court’s findings that “[A]ppellant understood his ____________________________________________ 1 Unless otherwise specified by the designation “1994 Counsel” all references to trial counsel refer to counsel in the instant case. 2 Miranda v. Arizona, 384 U.S. 436 (1966). -6- J-S49005-17 Miranda rights and issued a voluntary waiver of those rights.” Commonwealth v. Sadik, No. 630 PITTSBURGH 1994, unpublished memorandum at 7 (Pa. Super. filed May 16, 1995).

12017–2017
Commonwealth v. Hill green
pasuperct · 1999
1 sentence

2015Id., at 261 .

12015–2015
Oregon v. Elstad green
scotus · 1985
2 sentences

2001In disposing of this notion, the Court stated that “[tjhis Court has never held that the psychological impact of a guilty secret qualifies as state compulsion or compromises the voluntariness of a subsequent informed waiver”, id. at 312, 105 S.Ct. 1285 , and concluded that: absent deliberately coercive or improper tactics in obtaining the initial statement, the mere fact that a suspect has made an unwarned admission does not warrant a presumption of compulsion.

2001In disposing of this notion, the Court stated that "[t]his Court has never held that the psychological impact of a guilty secret qualifies as state compulsion or compromises the voluntariness of a subsequent informed waiver", id. at 312, 105 S.Ct. 1285 , and concluded that: absent deliberately coercive or improper tactics in obtaining the initial statement, the mere fact that a suspect has made an unwarned admission does not warrant a presumption of compulsion.

12001–2001
Com. v. Ah Thank Lee green
pa · 1989
11992–1992
Commonwealth v. Graham green
pasuperct · 1977
11992–1992
Commonwealth v. Johnson green
pa · 1953
11990–1990
State v. Hughes green
ri · 1985
11990–1990
Livingston v. South Carolina green
scotus · 1953
11990–1990
Reed v. Cranor green
scotus · 1953
11990–1990
Commonwealth v. Starr green
pa · 1979
11989–1989
Commonwealth v. Williams green
pasuperct · 1981
11987–1987
Commonwealth v. Kyle green
pasuperct · 1982
11987–1987
Commonwealth v. Boyd green
pa · 1975
11981–1981
Commonwealth v. Smith green
pa · 1977
11980–1980
Commonwealth v. Thompson green
pasuperct · 1978
11980–1980
United States v. Claude John Scallion, Raymond Lynn Buckelew, James Laney Jenkins and Judson Lee Drane green
ca5 · 1977
11980–1980
United States v. Leroy Eaddy green
ca6 · 1979
11980–1980
Commonwealth v. Myrick green
pa · 1976
11980–1980
Michigan v. Mosley green
scotus · 1975
11977–1977
Hopt v. People of Territory of Utah green
scotus · 1884
11976–1976
Lewis v. United States green
scotus · 1892
11976–1976
Pennsylvania v. Felton green
scotus · 1974
11976–1976
Commonwealth ex rel. Hancock v. Maroney green
pasuperct · 1955
11971–1971
Com. Ex Rel. Lockhart v. Myers green
pasuperct · 1960
11971–1971
Girard Fire & Marine Insurance v. Hebard neutral
pa · 1880
11934–1934
Emmons v. McCreery green
· 1932
11933–1933
Firmstone v. Mack green
pa · 1865
11906–1906

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 2502 (7) PA § 42 Pa. Cons. Stat. § 9711 (6) PA § 18 Pa. Cons. Stat. § 3701 (4) PA § 18 Pa. Cons. Stat. § 903 (4) PA § 18 Pa. Cons. Stat. § 907 (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

NY 45 (1887–2022) PA 42 (1888–2024) TX 40 (1977–2026) WA 40 (1968–2025) CA 38 (1932–2025) MA 37 (1917–2025) FL 33 (1962–2021) CO 32 (1982–2026) SC 28 (1979–2026) GA 22 (1910–2021) IN 22 (1973–2020) ND 21 (1993–2025) IL 21 (1974–2025) MO 19 (1973–2018) LA 19 (1958–2021) OH 19 (1928–2024) MD 18 (1975–2018) AZ 18 (1974–2022) NE 17 (1973–2025) NJ 17 (1969–2026) NM 14 (1969–2019) RI 14 (1996–2019) OR 13 (1979–2025) KS 13 (1976–2024) MN 13 (1961–2026) TN 12 (1999–2026) ID 12 (1977–2025) KY 12 (1972–2024) MS 11 (1984–2014) AL 10 (1953–2017) MI 10 (1970–2020) NC 10 (1972–2023) HI 10 (1904–2015) SD 10 (1977–2019) VA 9 (1991–2024) CT 9 (1988–2022) UT 8 (1969–2012) DC 8 (1976–2015) WI 8 (1987–2023) IA 8 (1977–2023) OK 7 (1923–2013) AR 6 (1892–2014) MT 6 (1922–2021) WV 5 (1912–2016) AK 5 (1980–2006) VT 4 (1993–2016) ME 4 (1970–2003) NH 3 (1983–1991) WY 3 (1937–2025) VI 2 (1998–2011)

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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