Bennett factors (Pennsylvania) · Go Syfert
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Bennett factors in Pennsylvania

29 Pennsylvania opinions name it 3 courts 1978–2025 10 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 (14)

CaseFollowedCited
Commonwealth v. Bennettgreen
pa · 1971 · cited in 4 Pennsylvania opinions naming this issue, 2000–2023
2 sentences

2012This Court has had ample opportunity to apply the Bennett factors in order to delineate what constitutes a “clear continuity of interrogation.” See Commonwealth v. Jones, 478 Pa. 172, 178 , 386 A.2d 495, 498 (1978) (warnings not stale when incriminating statement given three hours after warnings, warnings were given in the same room and same warning officers conducted the interview); Commonwealth v. Gray, 473 Pa. 424, 432 , 374 A.2d 1285, 1289 (1977) (warnings not stale when given a little over two hours before incriminating statement, warnings were given in the same room and different officer

2012This Court has had ample opportunity to apply the Bennett factors in order to delineate what constitutes a “clear continuity of interrogation.” See Commonwealth v. Jones, 478 Pa. 172, 178 , 386 A.2d 495, 498 (1978) (warnings not stale when incriminating statement given three hours after warnings, warnings were given in the same room and same warning officers conducted the interview); Commonwealth v. Gray, 473 Pa. 424, 432 , 374 A.2d 1285, 1289 (1977) (warnings not stale when given a little over two hours before incriminating statement, warnings were given in the same room and different officer

44
Commonwealth v. Farquharsongreen
pa · 1976 · cited in 6 Pennsylvania opinions naming this issue, 1978–2024
2 sentences

2024“The Bennett principle is applicable only where the party having the burden of proof presents testimony to support that burden which is either so unreliable or contradictory as to make any verdict based thereon obviously the result of conjecture and not reason.” Commonwealth v. Farquharson, 354 A.2d 545, 550 (Pa. 1976).

2020“The Bennett principle is applicable only where the party having the burden of proof presents testimony to support that burden which is either so unreliable or contradictory as to make any verdict based thereon obviously the result of conjecture and not reason.” Farguharson, 354 A.2d at 550 .

36
Commonwealth v. Jonesgreen
pa · 1978 · cited in 3 Pennsylvania opinions naming this issue, 2000–2022
2 sentences

2012This Court has had ample opportunity to apply the Bennett factors in order to delineate what constitutes a “clear continuity of interrogation.” See Commonwealth v. Jones, 478 Pa. 172, 178 , 386 A.2d 495, 498 (1978) (warnings not stale when incriminating statement given three hours after warnings, warnings were given in the same room and same warning officers conducted the interview); Commonwealth v. Gray, 473 Pa. 424, 432 , 374 A.2d 1285, 1289 (1977) (warnings not stale when given a little over two hours before incriminating statement, warnings were given in the same room and different officer

2012This Court has had ample opportunity to apply the Bennett factors in order to delineate what constitutes a “clear continuity of interrogation.” See Commonwealth v. Jones, 478 Pa. 172, 178 , 386 A.2d 495, 498 (1978) (warnings not stale when incriminating statement given three hours after warnings, warnings were given in the same room and same warning officers conducted the interview); Commonwealth v. Gray, 473 Pa. 424, 432 , 374 A.2d 1285, 1289 (1977) (warnings not stale when given a little over two hours before incriminating statement, warnings were given in the same room and different officer

33
Commonwealth v. Graygreen
pa · 1977 · cited in 3 Pennsylvania opinions naming this issue, 2000–2022
2 sentences

2012This Court has had ample opportunity to apply the Bennett factors in order to delineate what constitutes a “clear continuity of interrogation.” See Commonwealth v. Jones, 478 Pa. 172, 178 , 386 A.2d 495, 498 (1978) (warnings not stale when incriminating statement given three hours after warnings, warnings were given in the same room and same warning officers conducted the interview); Commonwealth v. Gray, 473 Pa. 424, 432 , 374 A.2d 1285, 1289 (1977) (warnings not stale when given a little over two hours before incriminating statement, warnings were given in the same room and different officer

2012This Court has had ample opportunity to apply the Bennett factors in order to delineate what constitutes a “clear continuity of interrogation.” See Commonwealth v. Jones, 478 Pa. 172, 178 , 386 A.2d 495, 498 (1978) (warnings not stale when incriminating statement given three hours after warnings, warnings were given in the same room and same warning officers conducted the interview); Commonwealth v. Gray, 473 Pa. 424, 432 , 374 A.2d 1285, 1289 (1977) (warnings not stale when given a little over two hours before incriminating statement, warnings were given in the same room and different officer

33
Commonwealth v. Pursellgreen
pa · 2000 · cited in 2 Pennsylvania opinions naming this issue, 2011–2018
2 sentences

2018See Gamboa–Taylor, 753 A.2d at 785–86 (holding claim that PCRA counsel's ineffectiveness was after-discovered fact will not establish jurisdiction under section 9545(b)(1)(ii)); Commonwealth v. Bronshtein, 561 Pa. 611 , 752 A.2d 868 (2000) (couching claim in terms of ineffective assistance of prior counsel does not establish section 9545(b)(1)(ii) exception to PCRA one-year time limitation, which exception allows untimely claims when facts were unknown); Commonwealth v. Pursell, 561 Pa. 214 , 749 A.2d 911, 916 (2000).

2018See Gamboa–Taylor, 753 A.2d at 785–86 (holding claim that PCRA counsel's ineffectiveness was after-discovered fact will not establish jurisdiction under section 9545(b)(1)(ii)); Commonwealth v. Bronshtein, 561 Pa. 611 , 752 A.2d 868 (2000) (couching claim in terms of ineffective assistance of prior counsel does not establish section 9545(b)(1)(ii) exception to PCRA one-year time limitation, which exception allows untimely claims when facts were unknown); Commonwealth v. Pursell, 561 Pa. 214 , 749 A.2d 911, 916 (2000).

22
Commonwealth v. Fergusongreen
pa · 1971 · cited in 2 Pennsylvania opinions naming this issue, 2000–2012
2 sentences

2012This Court has had ample opportunity to apply the Bennett factors in order to delineate what constitutes a “clear continuity of interrogation.” See Commonwealth v. Jones, 478 Pa. 172, 178 , 386 A.2d 495, 498 (1978) (warnings not stale when incriminating statement given three hours after warnings, warnings were given in the same room and same warning officers conducted the interview); Commonwealth v. Gray, 473 Pa. 424, 432 , 374 A.2d 1285, 1289 (1977) (warnings not stale when given a little over two hours before incriminating statement, warnings were given in the same room and different officer

2012This Court has had ample opportunity to apply the Bennett factors in order to delineate what constitutes a “clear continuity of interrogation.” See Commonwealth v. Jones, 478 Pa. 172, 178 , 386 A.2d 495, 498 (1978) (warnings not stale when incriminating statement given three hours after warnings, warnings were given in the same room and same warning officers conducted the interview); Commonwealth v. Gray, 473 Pa. 424, 432 , 374 A.2d 1285, 1289 (1977) (warnings not stale when given a little over two hours before incriminating statement, warnings were given in the same room and different officer

22
Commonwealth v. Rigginsgreen
pa · 1973 · cited in 2 Pennsylvania opinions naming this issue, 2000–2012
2 sentences

2000But see Commonwealth v. Wideman, 460 Pa. 699, 708-09 , 334 A.2d 594, 599 (1975) (warnings were stale when given twelve hours before incriminating statement was elicited, defendant was moved to different rooms and the interview was conducted by different officers); Commonwealth v. Riggins, 451 Pa. 519, 527-28 , 304 A.2d 473, 478 (1973) (defendant should have been rewamed of his constitutional rights where statement was elicited seventeen sleepless hours after initial warnings were given, warnings were given in car and confession was given in a room in the police administration building and diff

2000But see Commonwealth v. Wideman, 460 Pa. 699, 708-09 , 334 A.2d 594, 599 (1975) (warnings were stale when given twelve hours before incriminating statement was elicited, defendant was moved to different rooms and the interview was conducted by different officers); Commonwealth v. Riggins, 451 Pa. 519, 527-28 , 304 A.2d 473, 478 (1973) (defendant should have been rewamed of his constitutional rights where statement was elicited seventeen sleepless hours after initial warnings were given, warnings were given in car and confession was given in a room in the police administration building and diff

22
Commonwealth v. Gamboa-Taylorgreen
pa · 2000 · cited in 2 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011See Gamboa-Taylor, supra at 80 , 753 A.2d at 785 (holding ineffectiveness of counsel claim generally does not constitute exception to PCRA time requirements).

2011See Gamboa-Taylor, supra at 80 , 753 A.2d at 785 (holding ineffectiveness of counsel claim generally does not constitute exception to PCRA time requirements).

22
Commonwealth v. Bennettgreen
pasuperct · 1973 · cited in 4 Pennsylvania opinions naming this issue, 2018–2021
2 sentences

2019Commonwealth v. Bennett, [ ] 303 A.2d 220 ([Pa.Super.] 1973) [(en banc)] (and cases cited therein). [The] [a]ppellant argues that the Bennett principle is applicable here.

2018Following this principle, courts of this jurisdiction have recognized that where evidence offered to support a verdict of guilt is so unreliable and/or contradictory as to make any verdict based thereon pure conjecture, a jury may not be permitted to return such a finding. [ Bennett, supra]. … The Bennett principle is applicable only where the party having the burden of proof presents testimony to support that burden which is either so unreliable or contradictory as to make any verdict based thereon obviously the result of conjecture and not reason.

14
Commonwealth v. Scottgreen
pa · 2000 · cited in 2 Pennsylvania opinions naming this issue, 2021–2022
2 sentences

2022Moreover, heroin use ____________________________________________ 5 In Scott, our Supreme Court explained that it “has had ample time to apply the Bennett factors in order to delineate what constitutes a ‘clear continuity of interrogation.’” Id. at 875 .

2022Moreover, heroin use ____________________________________________ 5 In Scott, our Supreme Court explained that it “has had ample time to apply the Bennett factors in order to delineate what constitutes a ‘clear continuity of interrogation.’” Id. at 875 .

12
Commonwealth v. Bennettgreen
pa · 2007 · cited in 2 Pennsylvania opinions naming this issue, 2016–2019
2 sentences

2019Id. at 1273 .

2016With regard to Bennett’s claim that the trial court applied an incorrect legal standard in assessing his claim, we note that our Court recently clarified the distinction between a newly-discovered facts exception under the PCRA and an after-discovered evidence claim: The timeliness exception set forth at Section 9545(b)(1)(ii) has often mistakenly been referred to as the “after-discovered evidence” exception. [Commonwealth v.] Bennett, [ 930 A.2d 1264, 1270 (Pa. 2007)].

12
Commonwealth v. Ravengreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See id.

11
Lineberger v. Wyethgreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See id.

11
Commonwealth v. Reichlegreen
pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015See Reichle, 589 A.2d at 1141 .

2015See Reichle, 589 A.2d at 1141 .

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Commonwealth v. Widemangreen
pa · 1975 · cited in 2 Pennsylvania opinions naming this issue, 2000–2012
2 sentences

2000But see Commonwealth v. Wideman, 460 Pa. 699, 708-09 , 334 A.2d 594, 599 (1975) (warnings were stale when given twelve hours before incriminating statement was elicited, defendant was moved to different rooms and the interview was conducted by different officers); Commonwealth v. Riggins, 451 Pa. 519, 527-28 , 304 A.2d 473, 478 (1973) (defendant should have been rewamed of his constitutional rights where statement was elicited seventeen sleepless hours after initial warnings were given, warnings were given in car and confession was given in a room in the police administration building and diff

2000But see Commonwealth v. Wideman, 460 Pa. 699, 708-09 , 334 A.2d 594, 599 (1975) (warnings were stale when given twelve hours before incriminating statement was elicited, defendant was moved to different rooms and the interview was conducted by different officers); Commonwealth v. Riggins, 451 Pa. 519, 527-28 , 304 A.2d 473, 478 (1973) (defendant should have been rewamed of his constitutional rights where statement was elicited seventeen sleepless hours after initial warnings were given, warnings were given in car and confession was given in a room in the police administration building and diff

22

Also cited on this issue (6)

CaseCitedYears
Commonwealth v. Peterson green
pa · 2018
2 sentences

2024Subsequently, the Pennsylvania Supreme Court held that the Bennett exception applies to instances “where PCRA counsel’s ineffectiveness per se completely forecloses review of collateral claims.” Peterson, 192 A.3d at 1130 .

2024Subsequently, the Pennsylvania Supreme Court held that the Bennett exception applies to instances “where PCRA counsel’s ineffectiveness per se completely forecloses review of collateral claims.” Peterson, 192 A.3d at 1130 .

22023–2024
Commonwealth v. Bronshtein green
pa · 2000
2 sentences

2018See Gamboa–Taylor, 753 A.2d at 785–86 (holding claim that PCRA counsel's ineffectiveness was after-discovered fact will not establish jurisdiction under section 9545(b)(1)(ii)); Commonwealth v. Bronshtein, 561 Pa. 611 , 752 A.2d 868 (2000) (couching claim in terms of ineffective assistance of prior counsel does not establish section 9545(b)(1)(ii) exception to PCRA one-year time limitation, which exception allows untimely claims when facts were unknown); Commonwealth v. Pursell, 561 Pa. 214 , 749 A.2d 911, 916 (2000).

2018See Gamboa–Taylor, 753 A.2d at 785–86 (holding claim that PCRA counsel's ineffectiveness was after-discovered fact will not establish jurisdiction under section 9545(b)(1)(ii)); Commonwealth v. Bronshtein, 561 Pa. 611 , 752 A.2d 868 (2000) (couching claim in terms of ineffective assistance of prior counsel does not establish section 9545(b)(1)(ii) exception to PCRA one-year time limitation, which exception allows untimely claims when facts were unknown); Commonwealth v. Pursell, 561 Pa. 214 , 749 A.2d 911, 916 (2000).

22011–2018
Navarro, R. v. PA State Police, Aplt. green
pa · 2019
1 sentence

2023Bennett relies on Navarro v. Pennsylvania State Police, 212 A.3d 26 (Pa. 2019), in support.

12023–2023
Commonwealth v. Williamson green
pasuperct · 2011
1 sentence

2018Commonwealth v. Williamson, 21 A.3d 236 , 241–42 (Pa.Super. 2011).

12018–2018
Bennett v. Pennsylvania Turnpike Commission green
pacommwct · 1993
1 sentence

2006Bennett, 634 A.2d at 779 .

12006–2006
Kalantary v. Mention green
pasuperct · 2000
1 sentence

2000Most importantly, there is no indication that the trial court gave any consideration to lesser sanctions. ¶ 8 In Kalantary, supra, this Court reversed the entry of default judgment under Rule 218 against a defendant where defendant’s counsel failed to appear at a pretrial conference.

12000–2000

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9545 (4) PA § 18 Pa. Cons. Stat. § 2502 (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 35 (1988–2026) PA 29 (1978–2025) NY 17 (1978–2025) TX 11 (2007–2018) CA 8 (1960–2023) GA 8 (1982–2022) OH 8 (2006–2021) FL 7 (1982–2015) CO 6 (1978–2025) LA 6 (1982–2012) SC 5 (1997–2021) MS 5 (1988–2009) KS 5 (1993–2024) IL 4 (1984–2024) MI 4 (1903–2025) UT 3 (1988–2013) DC 3 (1999–2002) TN 3 (2009–2012) ME 2 (1999–2012) MO 2 (2008–2017) IA 2 (1998–2024) SD 2 (2019–2019) HI 2 (1982–1997) AL 2 (2007–2015) VA 2 (2000–2001)

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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