credibility defense (Pennsylvania) · Go Syfert
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credibility defense in Pennsylvania

27 Pennsylvania opinions name it 3 courts 1973–2025 4 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 (20)

CaseFollowedCited
Commonwealth v. Palogreen
pasuperct · 2011 · cited in 2 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025See Commonwealth’s Brief at 10; Commonwealth v. Palo, 24 A.3d 1050, 1055 (Pa. Super. 2011) (noting claims about credibility of victim’s testimony challenge the weight of the evidence, not its sufficiency (internal citation omitted)); Commonwealth v. Charlton, 902 A.2d 554, 561 (Pa. Super. 2006) (stating “[a] true weight of the evidence challenge concedes that sufficient evidence exists to sustain the verdict but questions which evidence is to be believed” (internal citations and quotations omitted)).

2025See Commonwealth v. Palo, 24 A.3d 1050, 1055 (Pa. Super. 2011) (internal citation omitted) (noting claims about credibility of victim’s testimony challenge the weight of the evidence, not its sufficiency).

22
Commonwealth v. Ulengreen
pa · 1994 · cited in 2 Pennsylvania opinions naming this issue, 2007–2020
2 sentences

2020“Our cases have made it clear that, as a matter of due process, it is error to fail to provide evidence that will be used to impeach the credibility of defense witnesses.” Commonwealth v. Ulen, 539 Pa. 51, 56 , 650 A.2d 416, 418 (1994).

2020“Our cases have made it clear that, as a matter of due process, it is error to fail to provide evidence that will be used to impeach the credibility of defense witnesses.” Commonwealth v. Ulen, 539 Pa. 51, 56 , 650 A.2d 416, 418 (1994).

22
Commonwealth v. Colegreen
pa · 2005 · cited in 2 Pennsylvania opinions naming this issue, 2010–2011
2 sentences

2011See also Commonwealth v. Chmiel, 585 Pa. 547, 603, 617-21 , 889 A.2d at 501, 534, 543-45 (Pa. 2005) (finding prosecutor’s comments to be permissible when defense counsel repeatedly called the prosecution’s witnesses liars and had vouched for the credibility of the defense’s witnesses; also noting the presumption that juries follow instructions given by the trial court).

2010See Chmiel, 585 Pa. at 621 , 889 A.2d at 545 (finding prosecutor’s comments to be permissible when defense counsel repeatedly called the prosecution witnesses liars and had vouched for the credibility of the defense witnesses). ¶ 9 Likewise, in the case sub judice, we find that the comments made by the district attorney constituted permissible oratorical flair when viewed in the context of defense counsel’s contention that L.B. was a troubled child not worthy of belief.

22
Commonwealth v. Chmielgreen
pa · 2005 · cited in 2 Pennsylvania opinions naming this issue, 2010–2011
2 sentences

2011See also Commonwealth v. Chmiel, 585 Pa. 547, 603, 617-21 , 889 A.2d at 501, 534, 543-45 (Pa. 2005) (finding prosecutor’s comments to be permissible when defense counsel repeatedly called the prosecution’s witnesses liars and had vouched for the credibility of the defense’s witnesses; also noting the presumption that juries follow instructions given by the trial court).

2010See Chmiel, 585 Pa. at 621 , 889 A.2d at 545 (finding prosecutor’s comments to be permissible when defense counsel repeatedly called the prosecution witnesses liars and had vouched for the credibility of the defense witnesses). ¶ 9 Likewise, in the case sub judice, we find that the comments made by the district attorney constituted permissible oratorical flair when viewed in the context of defense counsel’s contention that L.B. was a troubled child not worthy of belief.

22
Commonwealth v. Brickergreen
pa · 1985 · cited in 2 Pennsylvania opinions naming this issue, 1989–1995
2 sentences

1995See Commonwealth v. Bricker, 506 Pa. 571 , 487 A.2d 346 (1985).

1995See Commonwealth v. Bricker, 506 Pa. 571 , 487 A.2d 346 (1985).

22
Commonwealth v. Small, E., Aplt.green
pa · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025Rock further claims that this new evidence was not merely corroborative, “but of a higher grade or character than the 1985 diminished capacity testimony [he offered at his trial] and would have changed the outcome [of his trial] by bolstering the credibility of the defense.” Id.; see also Appellant’s Reply Brief, at 3 (citing Commonwealth v. Small, 189 A.3d 961 (Pa. 2018), Rock claims “new evidence” is “of a higher grade or character than [that which he] previously presented on a material issue”). ____________________________________________ 5 Subsection 9545(b)(2) was amended on October 24, 2

11
Commonwealth v. DeJesusgreen
pa · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025See Commonwealth v. Sanchez, 614 Pa. 1 , 36 A.3d 24 (2011) (citing Commonwealth v. DeJesus, 580 Pa. 303 , 860 A.2d 102 , 105–107 (2004) (“challenge to verdict pursuant to Farquharson is to weight, not sufficiency, of evidence”).

2025See Commonwealth v. Sanchez, 614 Pa. 1 , 36 A.3d 24 (2011) (citing Commonwealth v. DeJesus, 580 Pa. 303 , 860 A.2d 102 , 105–107 (2004) (“challenge to verdict pursuant to Farquharson is to weight, not sufficiency, of evidence”).

11
Commonwealth v. Charltongreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth’s Brief at 10; Commonwealth v. Palo, 24 A.3d 1050, 1055 (Pa. Super. 2011) (noting claims about credibility of victim’s testimony challenge the weight of the evidence, not its sufficiency (internal citation omitted)); Commonwealth v. Charlton, 902 A.2d 554, 561 (Pa. Super. 2006) (stating “[a] true weight of the evidence challenge concedes that sufficient evidence exists to sustain the verdict but questions which evidence is to be believed” (internal citations and quotations omitted)).

11
Commonwealth v. Jonesgreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Sanchez, 614 Pa. 1 , 36 A.3d 24 (2011) (citing Commonwealth v. DeJesus, 580 Pa. 303 , 860 A.2d 102 , 105–107 (2004) (“challenge to verdict pursuant to Farquharson is to weight, not sufficiency, of evidence”).

11
Commonwealth v. Sanchezgreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Sanchez, 614 Pa. 1 , 36 A.3d 24 (2011) (citing Commonwealth v. DeJesus, 580 Pa. 303 , 860 A.2d 102 , 105–107 (2004) (“challenge to verdict pursuant to Farquharson is to weight, not sufficiency, of evidence”).

11
Commonwealth v. Gaskinsgreen
pasuperct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Commonwealth v. Gaskins, 692 A.2d 224, 227 (Pa. Super. 1997).

11
White v. CONESTOGA TITLE INSURANCE COMPANYgreen
pa · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019Third, to the extent that the PCRA court’s conclusion rests on Appellant’s failure to act diligently in discovering the newly-discovered fact at issue, we note that: “Due diligence is fact-specific, to be determined case-by-case; it does not require perfect vigilance and punctilious care, but merely a showing the [party] has put forth a reasonable effort.” Commonwealth. v. Selenski, 994 A.2d 1083, 1089 (Pa. 2010).

11
Commonwealth v. Griffingreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Commonwealth v. Griffin, 65 A.3d 932 (Pa. Super. 2013) (stating defendant’s claim he was wrongly identified as perpetrator of crimes based on “unbelievable identification testimony” went to witness’s credibility and challenged weight, not sufficiency, of evidence).

11
Commonwealth v. Sanduskygreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Commonwealth v. Sandusky, 77 A.3d 663, 669 (Pa. Super. 2013) (finding the trial court’s credibility instruction “provided the jury with a sufficient framework to question the victims’ credibility”).

11
Commonwealth v. Charlestongreen
pacommwct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Commonwealth v. Charleston, 94 A.3d 1012, 1023-4 (Pa. Super. 2014) (prosecutor’s closing arguments, challenging defense credibility based on the inconsistencies of defendant’s testimony, was proper).

11
Commonwealth v. Jonesgreen
pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Regarding prosecutorial comments about the credibility of witnesses, our Supreme Court has held that “as long as a prosecutor does not assert his personal opinions, he or she may, within reasonable limits, comment on the credibility of a defense - 14 - J-S02038-15 witness.” Commonwealth v. Jones, 668 A.2d 491, 515 (Pa. 1995) (citations omitted).

11
Commonwealth v. Moosegreen
pa · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007Commonwealth v. Moose, 529 Pa. 218 , 602 A.2d 1265, 1274 (1992). ¶ 20 In Commonwealth v. Ulen, 539 Pa. 51 , 650 A.2d 416, 418 (1994), the trial court permitted the prosecution to enter into *1101 evidence a tape recording tending to impeach the credibility of a defense witness, but which had not been turned over to the defense during pre-trial discovery.

2007Commonwealth v. Moose, 529 Pa. 218 , 602 A.2d 1265, 1274 (1992). ¶ 20 In Commonwealth v. Ulen, 539 Pa. 51 , 650 A.2d 416, 418 (1994), the trial court permitted the prosecution to enter into *1101 evidence a tape recording tending to impeach the credibility of a defense witness, but which had not been turned over to the defense during pre-trial discovery.

11
Commonwealth v. Brooksgreen
pa · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
2 sentences

1995Commonwealth v. Russell, 459 Pa. 1, 9 , 326 A.2d 303, 307 (1974); Commonwealth v. Brooks, 454 Pa. 75, 78 , 309 A.2d 732, 733 (1973).

1995Commonwealth v. Russell, 459 Pa. 1, 9 , 326 A.2d 303, 307 (1974); Commonwealth v. Brooks, 454 Pa. 75, 78 , 309 A.2d 732, 733 (1973).

11
Commonwealth v. Russellgreen
pa · 1974 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
2 sentences

1995Commonwealth v. Russell, 459 Pa. 1, 9 , 326 A.2d 303, 307 (1974); Commonwealth v. Brooks, 454 Pa. 75, 78 , 309 A.2d 732, 733 (1973).

1995Commonwealth v. Russell, 459 Pa. 1, 9 , 326 A.2d 303, 307 (1974); Commonwealth v. Brooks, 454 Pa. 75, 78 , 309 A.2d 732, 733 (1973).

11
Commonwealth v. Simongreen
pa · 1968 · cited in 1 Pennsylvania opinions naming this issue, 1978–1978
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 (12)

CaseCitedYears
Burgess v. COURT OF COMMON PLEAS PHILA. COUNTY green
pa · 2009
1 sentence

2019Santiago, 978 A.2d at 361 . ____________________________________________ 5 Although counsel introduces this as a credibility challenge, it is an allegation that Appellant learned after trial that the victim lied on the stand regarding the reason she left her job.

12019–2019
Commonwealth v. Harper green
pasuperct · 1995
1 sentence

2018In finding that the prosecutor did not improperly bolster the credibility of a defense witness, and concluding that Harper’s trial counsel was not ineffective for failing to make a meritless objection, this Court held that the defense witness “merely was cross-examined for bias, which bias was evidenced by his statements to the prosecutor the previous day, and to which he readily admitted.” 660 A.2d at 600 .

12018–2018
Commonwealth v. Johnson green
pa · 2009
2 sentences

2018Similarly, although Johnson correctly cites to our Supreme Court’s decision in Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009), he fails to acknowledge that PCRA court’s failure to assess the credibility of the defense witnesses’ testimony presented at the evidentiary hearing “constitute[d] legal error.” Johnson, 966 A.2d at 525 .

2018Similarly, although Johnson correctly cites to our Supreme Court’s decision in Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009), he fails to acknowledge that PCRA court’s failure to assess the credibility of the defense witnesses’ testimony presented at the evidentiary hearing “constitute[d] legal error.” Johnson, 966 A.2d at 525 .

12018–2018
Commonwealth v. K.S.F. green
pasuperct · 2014
1 sentence

2016Id. at 484 .

12016–2016
Commonwealth v. Jackson green
pa · 1974
2 sentences

1994Commonwealth v. Jenkins, 476 Pa. 467 , 383 A.2d 195 (1978); Commonwealth v. Jackson, 457 Pa. 79 , 319 A.2d 161 (1974).

1994Commonwealth v. Jenkins, 476 Pa. 467 , 383 A.2d 195 (1978); Commonwealth v. Jackson, 457 Pa. 79 , 319 A.2d 161 (1974).

11994–1994
Commonwealth v. Jenkins green
pa · 1978
2 sentences

1994Commonwealth v. Jenkins, 476 Pa. 467 , 383 A.2d 195 (1978); Commonwealth v. Jackson, 457 Pa. 79 , 319 A.2d 161 (1974).

1994Commonwealth v. Jenkins, 476 Pa. 467 , 383 A.2d 195 (1978); Commonwealth v. Jackson, 457 Pa. 79 , 319 A.2d 161 (1974).

11994–1994
Commonwealth v. Toth green
pa · 1974
2 sentences

1989Commonwealth v. Bricker, 506 Pa. 571, 580 , 487 A.2d 346, 350 (1985) (plurality opinion); Commonwealth v. Toth, 455 Pa. 154 , 314 A.2d 275 (1974).

1989Commonwealth v. Bricker, 506 Pa. 571, 580 , 487 A.2d 346, 350 (1985) (plurality opinion); Commonwealth v. Toth, 455 Pa. 154 , 314 A.2d 275 (1974).

11989–1989
Commonwealth v. Mimms green
pa · 1978
2 sentences

1986In Commonwealth v. Mimms, 477 Pa. 553 , 385 A.2d 334 (1978) the prosecutor attempted to impeach the credibility of a defense witness by asking him: Q.

1986In Commonwealth v. Mimms, 477 Pa. 553 , 385 A.2d 334 (1978) the prosecutor attempted to impeach the credibility of a defense witness by asking him: Q.

11986–1986
Commonwealth v. Russell green
pa · 1978
2 sentences

1979While appellant’s appeal was pending, the Supreme Court handed down its decision in Commonwealth v. Russell, 477 Pa. 147 , 383 A.2d 866 (1978), a case which decided appellant’s precise issue.

1979While appellant’s appeal was pending, the Supreme Court handed down its decision in Commonwealth v. Russell, 477 Pa. 147 , 383 A.2d 866 (1978), a case which decided appellant’s precise issue.

11979–1979
Commonwealth v. Pfaff green
pasuperct · 1975
2 sentences

1979Instead we found that “absent an immediate curative instruction and adequate charge, such conduct may be reversible error.” Id. 233 Pa.Super. at 160 , 335 A.2d 751, 754-55 .

1979Instead we found that “absent an immediate curative instruction and adequate charge, such conduct may be reversible error.” Id. 233 Pa.Super. at 160 , 335 A.2d 751, 754-55 .

11979–1979
Commonwealth v. Chandler green
pasuperct · 1975
2 sentences

1978Though this type of comment may not in itself always require a reversal, Commonwealth v. Chandler, supra, 237 Pa.Super. at 24 , 346 A.2d 579 , this remark along with the prosecutor’s other improper statements cumulatively worked to adversely affect the right of the defendant to a fair trial.

1978Though this type of comment may not in itself always require a reversal, Commonwealth v. Chandler, supra, 237 Pa.Super. at 24 , 346 A.2d 579 , this remark along with the prosecutor’s other improper statements cumulatively worked to adversely affect the right of the defendant to a fair trial.

11978–1978
Commonwealth v. DiPasquale green
pa · 1967
11973–1973

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 901 (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

TX 412 (1972–2026) CA 141 (1957–2026) IL 66 (1974–2025) NY 46 (1973–2024) MI 32 (1976–2025) OH 30 (1996–2026) PA 27 (1973–2025) LA 26 (1959–2017) MO 24 (1905–2024) CO 23 (1975–2026) WA 22 (1981–2025) NJ 19 (1976–2025) FL 17 (1980–2019) CT 16 (1981–2025) GA 16 (1978–2021) TN 15 (1991–2024) MN 15 (1976–2019) MA 14 (1981–2024) KS 12 (1968–2022) NM 10 (1992–2026) DC 10 (1977–2022) WI 9 (1980–2022) RI 8 (1992–2023) IN 7 (1976–2017) VA 7 (1993–2026) MD 7 (1982–2018) IA 7 (1983–2026) HI 7 (1997–2024) UT 7 (1998–2021) MS 6 (1994–2026) NC 6 (1980–2016) WV 6 (1996–2025) OK 5 (1984–2011) SC 4 (1999–2018) MT 4 (1982–2021) WY 4 (1990–2006) AL 4 (1993–2016) VT 3 (2005–2017) SD 3 (1961–2024) ME 3 (2008–2023) AZ 2 (2021–2022) NE 2 (1954–2014) AR 2 (2013–2014) DE 2 (1994–2025)

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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