prompt hearing (Pennsylvania) · Go Syfert
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prompt hearing in Pennsylvania

25 Pennsylvania opinions name it 7 courts 1962–2025 3 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 (16)

CaseFollowedCited
Dickey v. Floridagreen
scotus · 1970 · cited in 4 Pennsylvania opinions naming this issue, 1971–1977
2 sentences

1977As the United States Supreme Court stated in Dickey v. Florida, 398 U.S. 30, 38-39 , 90 S.Ct. 1564, 1569 , 26 L.Ed.2d 26 (1970): “Although a great many accused persons seek to put off the confrontation as long as possible, the right to a prompt inquiry into criminal charges is fundamental and the duty of the charging authority is to provide a prompt trial.” This principle was repeated by the Supreme Court in Barker v. Wingo, 407 U.S. 514, 527 , 92 S.Ct. 2182, 2190 , 33 L.Ed.2d 101 (1972): “A defendant has no duty to bring himself to trial; the State has that duty as well as the duty of insurin

1977As the United States Supreme Court stated in Dickey v. Florida, 398 U.S. 30, 38-39 , 90 S.Ct. 1564, 1569 , 26 L.Ed.2d 26 (1970): “Although a great many accused persons seek to put off the confrontation as long as possible, the right to a prompt inquiry into criminal charges is fundamental and the duty of the charging authority is to provide a prompt trial.” This principle was repeated by the Supreme Court in Barker v. Wingo, 407 U.S. 514, 527 , 92 S.Ct. 2182, 2190 , 33 L.Ed.2d 101 (1972): “A defendant has no duty to bring himself to trial; the State has that duty as well as the duty of insurin

34
Commonwealth v. Katesgreen
pa · 1973 · cited in 4 Pennsylvania opinions naming this issue, 1975–2023
2 sentences

2023Certainly, society has the right to expect a prompt hearing when a probationer has allegedly engaged in a course of criminal activity. [J-67A-2022, J-67B-2022 and J-67C-2022] [MO: Dougherty, J.] - 4 Commonwealth v. Kates, 305 A.2d 701, 708 (Pa. 1973) (emphasis added).3 The Superior Court relied on similar foundational principles in Commonwealth v. Wendowski, 420 A.2d 628 (Pa. Super. 1980), when it held over forty years ago that it is possible to violate the conditions of probation before the probationary term itself begins: If, at any time before the defendant has completed the maximum period

2023Certainly, society has the right to expect a prompt hearing when a probationer has allegedly engaged in a course of criminal activity. [J-67A-2022, J-67B-2022 and J-67C-2022] [MO: Dougherty, J.] - 4 Commonwealth v. Kates, 305 A.2d 701, 708 (Pa. 1973) (emphasis added).3 The Superior Court relied on similar foundational principles in Commonwealth v. Wendowski, 420 A.2d 628 (Pa. Super. 1980), when it held over forty years ago that it is possible to violate the conditions of probation before the probationary term itself begins: If, at any time before the defendant has completed the maximum period

24
Klopfer v. North Carolinagreen
scotus · 1967 · cited in 2 Pennsylvania opinions naming this issue, 1971–1973
2 sentences

1973See, e.g., Klopfer v. North Carolina, 386 U.S. 213 , 87 S. Ct. 988 , 18 L.

1973See, e.g., Klopfer v. North Carolina, 386 U.S. 213 , 87 S. Ct. 988 , 18 L.

12
Com. v. Baker, J.green
pasuperct · 2024 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Baker, 313 A.3d at 1120 .

11
Commonwealth v. Marchesanogreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Commonwealth v. Marchesano, 544 A.2d 1333, 1336 (Pa. 1988). "[T] he reasonableness of the delay in the holding of a revocation hearing is to be determined by an inquiry into the circumstances of the individual case.

11
Deek Investment, L.P. v. Murray, F.green
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See Deek, supra; Jones, supra. Appellants have not presented a justifiable excuse for their failure to assert a prompt challenge to entry of the default judgment to satisfy the first requirement to open the default judgment.

11
Reid v. Boohargreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See Reid, supra; Flynn, supra. Additionally, Appellant Bey failed to file a timely responsive pleading to the Bank’s complaint before entry of the default judgment.

11
Commonwealth v. Christmasgreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Commonweal th v. Christmas, 995 A. 2d 1259, 1262 (Pa.Super. 2010) (interpreting Rule 708's language requiring a hearing to be held "as speedily as possible" to mean within a reasonable time), appeal denied, 53 A.3d 756 (Pa. 2012) .2 The primary purpose of this prompt hearing requirement 2 Pennsylvania Rule of Civil Procedure 708(8) provides, in relevant part: [FN-2-18] 5 is to prevent the loss of essential witnesses or evidence that would adversely af feet the fairness of the revocation process and to prevent unnecessary detention or other limitations on the offender's personal liberty.

11
Thompson v. Thompsongreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Failure to timely object to a basic and fundamental error will result in waiver of that issue Thompson v. Thompson, 963 A.2d 474, 475-476 (Pa. Super. 2008).

11
Commonwealth v. Fettergreen
pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
1 sentence

2004Comm onwealth v. Fetter, 770 A.2d 762, 768 (Pa.Super.2001), aff'd, 570 Pa. 494 , 810 A.2d 637 (2002). ¶ 18 Upon review of the record, including the brief nature of the reference, the court’s prompt instruction and our standard of review, we find no error in the denial of a mistrial.

11
Moody v. Daggettgreen
scotus · 1976 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
2 sentences

2000Precedent, tradition, and reason require rejection of that assumption.” Moody, 429 U.S. at 91 , 97 S.Ct. at 280 (Stevens, J., dissenting).

2000Precedent, tradition, and reason require rejection of that assumption.” Moody, 429 U.S. at 91 , 97 S.Ct. at 280 (Stevens, J., dissenting).

11
Commonwealth v. Marchesanogreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
2 sentences

1988Commonwealth v. Marchesano, 348 Pa.Super. 387, 395 , 502 A.2d 597, 600 (1985), citing Commonwealth v. Collins, 492 Pa. 405 , 424 A.2d 1254 (1981).

1988Commonwealth v. Marchesano, 348 Pa.Super. 387, 395 , 502 A.2d 597, 600 (1985), citing Commonwealth v. Collins, 492 Pa. 405 , 424 A.2d 1254 (1981).

11
Finberg v. Sullivangreen
ca3 · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1986–1986
1 sentence

1986Finberg v. Sullivan, supra at 51.

11
Morrissey v. Brewergreen
scotus · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1986–1986
2 sentences

1986Certainly, society has the right to expect a prompt hearing when the probationer has allegedly engaged in a course of criminal activity.” Id., 452 Pa. at 115 , 305 A.2d at 708 . 2 Although in the instant case, the revocation hearing was scheduled after the trial court had ordered the evidence suppressed, we recognize that the probation revocation proceeding “is a narrow inquiry; the process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an *48 adversary criminal trial.” Id., 452 Pa. at 118 , 305 A.2d at 709 (quot

1986Certainly, society has the right to expect a prompt hearing when the probationer has allegedly engaged in a course of criminal activity.” Id., 452 Pa. at 115 , 305 A.2d at 708 . 2 Although in the instant case, the revocation hearing was scheduled after the trial court had ordered the evidence suppressed, we recognize that the probation revocation proceeding “is a narrow inquiry; the process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an *48 adversary criminal trial.” Id., 452 Pa. at 118 , 305 A.2d at 709 (quot

11
Commonwealth v. Williamsgreen
pa · 1974 · cited in 1 Pennsylvania opinions naming this issue, 1976–1976
11
Commonwealth v. John Jonesgreen
pa · 1946 · cited in 1 Pennsylvania opinions naming this issue, 1975–1975
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 (24)

CaseCitedYears
Commonwealth v. Wendowski red
pasuperct · 1980
2 sentences

2023Certainly, society has the right to expect a prompt hearing when a probationer has allegedly engaged in a course of criminal activity. [J-67A-2022, J-67B-2022 and J-67C-2022] [MO: Dougherty, J.] - 4 Commonwealth v. Kates, 305 A.2d 701, 708 (Pa. 1973) (emphasis added).3 The Superior Court relied on similar foundational principles in Commonwealth v. Wendowski, 420 A.2d 628 (Pa. Super. 1980), when it held over forty years ago that it is possible to violate the conditions of probation before the probationary term itself begins: If, at any time before the defendant has completed the maximum period

2023Certainly, society has the right to expect a prompt hearing when a probationer has allegedly engaged in a course of criminal activity. [J-67A-2022, J-67B-2022 and J-67C-2022] [MO: Dougherty, J.] - 4 Commonwealth v. Kates, 305 A.2d 701, 708 (Pa. 1973) (emphasis added).3 The Superior Court relied on similar foundational principles in Commonwealth v. Wendowski, 420 A.2d 628 (Pa. Super. 1980), when it held over forty years ago that it is possible to violate the conditions of probation before the probationary term itself begins: If, at any time before the defendant has completed the maximum period

22023–2023
Jones v. Rudenstein green
pasuperct · 1991
1 sentence

2018See Deek, supra; Jones, supra. Appellants have not presented a justifiable excuse for their failure to assert a prompt challenge to entry of the default judgment to satisfy the first requirement to open the default judgment.

12018–2018
Flynn v. America West Airlines green
pasuperct · 1999
1 sentence

2018See Reid, supra; Flynn, supra. Additionally, Appellant Bey failed to file a timely responsive pleading to the Bank’s complaint before entry of the default judgment.

12018–2018
Gilbert v. Homar green
scotus · 1997
2 sentences

2012Id. at 935 , 117 S.Ct. at 1814 .

2012Id. at 935 , 117 S.Ct. at 1814 .

12012–2012
Oberholzer v. Commission on Judicial Performance green
cal · 1999
2 sentences

2012Mathews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976), see, also, Oberholzer v. Commission on Judicial Performance, 20 Cal.4th 371, 84 Cal.Rptr.2d 466, 479 , 975 P.2d 663 (1999); In re Judicial Campaign Complaint Against Carr, 76 Ohio St.3d 320 , 667 N.E.2d 956 (1996). .These rights include: the right to a prompt hearing "to determine whether a sanction should be imposed” (this obviously does not refer to interim orders because interim orders have nothing to do with determining whether sanctions should be imposed), the right to a public hearing, conducted pursuant to the Rule

2012Mathews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976), see, also, Oberholzer v. Commission on Judicial Performance, 20 Cal.4th 371, 84 Cal.Rptr.2d 466, 479 , 975 P.2d 663 (1999); In re Judicial Campaign Complaint Against Carr, 76 Ohio St.3d 320 , 667 N.E.2d 956 (1996). .These rights include: the right to a prompt hearing "to determine whether a sanction should be imposed” (this obviously does not refer to interim orders because interim orders have nothing to do with determining whether sanctions should be imposed), the right to a public hearing, conducted pursuant to the Rule

12012–2012
In re Judicial Campaign Complaint Against Carr green
ohio · 1996
2 sentences

2012Mathews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976), see, also, Oberholzer v. Commission on Judicial Performance, 20 Cal.4th 371, 84 Cal.Rptr.2d 466, 479 , 975 P.2d 663 (1999); In re Judicial Campaign Complaint Against Carr, 76 Ohio St.3d 320 , 667 N.E.2d 956 (1996). .These rights include: the right to a prompt hearing "to determine whether a sanction should be imposed” (this obviously does not refer to interim orders because interim orders have nothing to do with determining whether sanctions should be imposed), the right to a public hearing, conducted pursuant to the Rule

2012Mathews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976), see, also, Oberholzer v. Commission on Judicial Performance, 20 Cal.4th 371, 84 Cal.Rptr.2d 466, 479 , 975 P.2d 663 (1999); In re Judicial Campaign Complaint Against Carr, 76 Ohio St.3d 320 , 667 N.E.2d 956 (1996). .These rights include: the right to a prompt hearing "to determine whether a sanction should be imposed” (this obviously does not refer to interim orders because interim orders have nothing to do with determining whether sanctions should be imposed), the right to a public hearing, conducted pursuant to the Rule

12012–2012
Mathews v. Eldridge green
scotus · 1976
2 sentences

2012Mathews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976), see, also, Oberholzer v. Commission on Judicial Performance, 20 Cal.4th 371, 84 Cal.Rptr.2d 466, 479 , 975 P.2d 663 (1999); In re Judicial Campaign Complaint Against Carr, 76 Ohio St.3d 320 , 667 N.E.2d 956 (1996). .These rights include: the right to a prompt hearing "to determine whether a sanction should be imposed” (this obviously does not refer to interim orders because interim orders have nothing to do with determining whether sanctions should be imposed), the right to a public hearing, conducted pursuant to the Rule

2012Mathews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976), see, also, Oberholzer v. Commission on Judicial Performance, 20 Cal.4th 371, 84 Cal.Rptr.2d 466, 479 , 975 P.2d 663 (1999); In re Judicial Campaign Complaint Against Carr, 76 Ohio St.3d 320 , 667 N.E.2d 956 (1996). .These rights include: the right to a prompt hearing "to determine whether a sanction should be imposed” (this obviously does not refer to interim orders because interim orders have nothing to do with determining whether sanctions should be imposed), the right to a public hearing, conducted pursuant to the Rule

12012–2012
Commonwealth v. Fetter neutral
pa · 2002
1 sentence

2004Comm onwealth v. Fetter, 770 A.2d 762, 768 (Pa.Super.2001), aff'd, 570 Pa. 494 , 810 A.2d 637 (2002). ¶ 18 Upon review of the record, including the brief nature of the reference, the court’s prompt instruction and our standard of review, we find no error in the denial of a mistrial.

12004–2004
Janus Management Services, Inc. v. Schlessinger green
pasuperct · 2002
1 sentence

2004Comm onwealth v. Fetter, 770 A.2d 762, 768 (Pa.Super.2001), aff'd, 570 Pa. 494 , 810 A.2d 637 (2002). ¶ 18 Upon review of the record, including the brief nature of the reference, the court’s prompt instruction and our standard of review, we find no error in the denial of a mistrial.

12004–2004
Homar v. Gilbert green
ca3 · 1996
1 sentence

2003The employee in that case was a police officer employed by East Stroudsburg University, Pennsylvania. 5 . 89 F.3d 1009 (3d Cir. 1997). 6 .

12003–2003
Duggan v. 807 Liberty Ave., Inc. green
pa · 1972
2 sentences

1994This procedural rule was promulgated by our Supreme Court to ensure that our trial courts exercise “the necessary sensitivity to freedom of expression.” Duggan v. 807 Liberty Ave., Inc., 447 Pa. 281 , 288 A.2d 750 (1972).

1994This procedural rule was promulgated by our Supreme Court to ensure that our trial courts exercise “the necessary sensitivity to freedom of expression.” Duggan v. 807 Liberty Ave., Inc., 447 Pa. 281 , 288 A.2d 750 (1972).

11994–1994
Jordan v. Berman green
paed · 1991
1 sentence

1994Id. at 280 .

11994–1994
Davis v. CITY OF CONNELLSVILLE green
pacommwct · 1980
1 sentence

1989With the Third Class City Code stating no time limit within which a hearing must be held, the responsible head may choose to suspend the personnel, as authorized by the code, without setting an immediate hearing date, and the public employees then have a free choice to demand a prompt civil service hearing if they so desire, or, if they prefer othérwise, to defer pursuance of the civil service hearing until the criminal prosecution trials have been held; yet the city itself is not barred from having a prompt hearing if circumstances require it.” Davis at 109-10 , 410 A.2d at 938-9 .

11989–1989
Commonwealth v. Collins green
pa · 1981
2 sentences

1988Commonwealth v. Marchesano, 348 Pa.Super. 387, 395 , 502 A.2d 597, 600 (1985), citing Commonwealth v. Collins, 492 Pa. 405 , 424 A.2d 1254 (1981).

1988Commonwealth v. Marchesano, 348 Pa.Super. 387, 395 , 502 A.2d 597, 600 (1985), citing Commonwealth v. Collins, 492 Pa. 405 , 424 A.2d 1254 (1981).

11988–1988
Commonwealth v. Jenkins green
pa · 1982
2 sentences

1986The primary purpose ... was to discourage the obtaining of incriminatory information through coercive means.” Jenkins, 500 Pa. at 150 , 454 A.2d at 1007 .

1986The primary purpose ... was to discourage the obtaining of incriminatory information through coercive means.” Jenkins, 500 Pa. at 150 , 454 A.2d at 1007 .

11986–1986
Commonwealth v. Waters green
pasuperct · 1977
2 sentences

1979Commonwealth v. Young, 262 Pa.Super. 253 , 396 A.2d 741 (1978); Commonwealth v. Diaz, 258 Pa.Super. 346 , 392 A.2d 827 (1978); Commonwealth v. Waters, 252 Pa.Super. 357 , 381 A.2d 957 (1977); Commonwealth v. Jones, 250 Pa.Super. 116 , 378 A.2d 481 (1977).

1979Commonwealth v. Young, 262 Pa.Super. 253 , 396 A.2d 741 (1978); Commonwealth v. Diaz, 258 Pa.Super. 346 , 392 A.2d 827 (1978); Commonwealth v. Waters, 252 Pa.Super. 357 , 381 A.2d 957 (1977); Commonwealth v. Jones, 250 Pa.Super. 116 , 378 A.2d 481 (1977).

11979–1979
Commonwealth v. Jones green
pasuperct · 1977
11979–1979
Commonwealth v. Young green
pasuperct · 1978
11979–1979
Commonwealth v. Diaz green
pasuperct · 1978
11979–1979
Barker v. Wingo green
scotus · 1972
11977–1977
Commonwealth v. Wilson green
pasuperct · 1974
11976–1976
Commonwealth Ex Rel. Smith v. Patterson green
pa · 1963
11971–1971
Smith v. Hooey green
scotus · 1969
11971–1971
Hamsher Motor Vehicle Operator License Case neutral
pasuperct · 1961
11962–1962

Where else courts name it

TX 563 (1919–2026) OH 96 (1966–2026) NY 91 (1918–2024) CT 46 (1971–2026) IL 39 (1974–2025) PA 25 (1962–2025) FL 25 (1963–2012) CA 20 (1927–2022) AZ 17 (1973–2023) MD 17 (1961–2013) DC 16 (1974–2020) MO 15 (1940–2023) AL 14 (1978–2025) NE 12 (1979–2025) CO 11 (1965–2026) NJ 11 (1955–2026) WA 8 (1932–2022) TN 8 (1969–2026) MA 7 (1980–2014) WY 7 (1976–2022) GA 7 (1956–2019) LA 7 (1932–1999) WI 7 (1986–2024) KY 6 (2014–2024) IN 6 (1937–2018) NM 6 (1945–2010) MT 5 (1975–2007) MI 5 (1969–1982) VT 5 (1985–2014) MN 5 (1941–2019) RI 4 (1977–2014) KS 4 (1992–2024) DE 4 (1982–2022) WV 4 (1978–2018) ID 3 (1967–2004) NC 3 (1974–1984) AK 3 (1969–1979) SD 3 (1973–2016) UT 3 (1993–2022) OR 2 (2006–2008) MS 2 (2014–2020) VA 2 (1973–1986) AR 2 (1988–1988) ND 2 (1983–2008) IA 2 (1967–1973)

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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