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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.
| Case | Followed | Cited |
|---|---|---|
Dickey v. Floridagreen2 sentences1977As 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 | 3 | 4 |
Commonwealth v. Katesgreen2 sentences2023Certainly, 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 | 2 | 4 |
Klopfer v. North Carolinagreen2 sentences1973See, 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. | 1 | 2 |
Com. v. Baker, J.green1 sentence2025See Baker, 313 A.3d at 1120 . | 1 | 1 |
Commonwealth v. Marchesanogreen1 sentence2018Commonwealth 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. | 1 | 1 |
Deek Investment, L.P. v. Murray, F.green1 sentence2018See 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. | 1 | 1 |
Reid v. Boohargreen1 sentence2018See 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. | 1 | 1 |
Commonwealth v. Christmasgreen1 sentence2018Commonweal 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. | 1 | 1 |
Thompson v. Thompsongreen1 sentence2014Failure 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). | 1 | 1 |
Commonwealth v. Fettergreen1 sentence2004Comm 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. | 1 | 1 |
Moody v. Daggettgreen2 sentences2000Precedent, 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). | 1 | 1 |
Commonwealth v. Marchesanogreen2 sentences1988Commonwealth 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). | 1 | 1 |
Finberg v. Sullivangreen1 sentence1986Finberg v. Sullivan, supra at 51. | 1 | 1 |
Morrissey v. Brewergreen2 sentences1986Certainly, 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 | 1 | 1 |
| Commonwealth v. Williamsgreen | 1 | 1 |
| Commonwealth v. John Jonesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Wendowski
red
2 sentences2023Certainly, 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 | 2 | 2023–2023 |
Jones v. Rudenstein
green
1 sentence2018See 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. | 1 | 2018–2018 |
Flynn v. America West Airlines
green
1 sentence2018See 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. | 1 | 2018–2018 |
Gilbert v. Homar
green
2 sentences2012Id. at 935 , 117 S.Ct. at 1814 . 2012Id. at 935 , 117 S.Ct. at 1814 . | 1 | 2012–2012 |
Oberholzer v. Commission on Judicial Performance
green
2 sentences2012Mathews 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 | 1 | 2012–2012 |
In re Judicial Campaign Complaint Against Carr
green
2 sentences2012Mathews 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 | 1 | 2012–2012 |
Mathews v. Eldridge
green
2 sentences2012Mathews 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 | 1 | 2012–2012 |
Commonwealth v. Fetter
neutral
1 sentence2004Comm 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. | 1 | 2004–2004 |
Janus Management Services, Inc. v. Schlessinger
green
1 sentence2004Comm 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. | 1 | 2004–2004 |
Homar v. Gilbert
green
1 sentence2003The employee in that case was a police officer employed by East Stroudsburg University, Pennsylvania. 5 . 89 F.3d 1009 (3d Cir. 1997). 6 . | 1 | 2003–2003 |
Duggan v. 807 Liberty Ave., Inc.
green
2 sentences1994This 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). | 1 | 1994–1994 |
Jordan v. Berman
green
1 sentence1994Id. at 280 . | 1 | 1994–1994 |
Davis v. CITY OF CONNELLSVILLE
green
1 sentence1989With 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 . | 1 | 1989–1989 |
Commonwealth v. Collins
green
2 sentences1988Commonwealth 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). | 1 | 1988–1988 |
Commonwealth v. Jenkins
green
2 sentences1986The 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 . | 1 | 1986–1986 |
Commonwealth v. Waters
green
2 sentences1979Commonwealth 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). | 1 | 1979–1979 |
| Commonwealth v. Jones green | 1 | 1979–1979 |
| Commonwealth v. Young green | 1 | 1979–1979 |
| Commonwealth v. Diaz green | 1 | 1979–1979 |
| Barker v. Wingo green | 1 | 1977–1977 |
| Commonwealth v. Wilson green | 1 | 1976–1976 |
| Commonwealth Ex Rel. Smith v. Patterson green | 1 | 1971–1971 |
| Smith v. Hooey green | 1 | 1971–1971 |
| Hamsher Motor Vehicle Operator License Case neutral | 1 | 1962–1962 |
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.