23 Pennsylvania opinions name it 4 courts 1980–2026 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Shortgreen2 sentences2002When the witness is under fourteen years of age, there must be a searching judicial inquiry as to mental capacity, but discretion nonetheless resides in the trial judge to make the ultimate decision as to competency.’ Id., quoting Commonwealth v. Short, 278 Pa.Super. 581 , 420 A.2d 694, 696 (1980) (other citation omitted). 2002When the witness is under fourteen years of age, there must be a searching judicial inquiry as to mental capacity, but discretion nonetheless resides in the trial judge to make the ultimate decision as to competency.’ Id., quoting Commonwealth v. Short, 278 Pa.Super. 581 , 420 A.2d 694, 696 (1980) (other citation omitted). | 5 | 8 |
Commonwealth v. McMastergreen2 sentences2007Commonwealth v. McMaster, 446 Pa.Super. 261 , 666 A.2d 724, 727 (1995) (citations omitted). 2007Commonwealth v. McMaster, 446 Pa.Super. 261 , 666 A.2d 724, 727 (1995) (citations omitted). | 4 | 4 |
Rosche v. McCoygreen2 sentences2002When the witness is under fourteen years of age, there must be a searching judicial inquiry as to mental capacity, but discretion nonetheless resides in the trial judge to make the ultimate decision as to competency.’ Id., quoting Commonwealth v. Short, 278 Pa.Super. 581 , 420 A.2d 694, 696 (1980) (other citation omitted). 1995Rosche v. McCoy, 397 Pa. 615 , 156 A.2d 307 (1959); Commonwealth v. Mangello, supra. When the witness is under fourteen years of age, there must be a searching judicial inquiry as to mental capacity, but discretion nonetheless resides in the trial judge to make the ultimate decision as to competency. | 2 | 4 |
Commonwealth v. Delbridgegreen2 sentences2015In the case of a child witness, once evidence of corruption is established, the court must make a searching judicial inquiry into the mental capacity of a witness under the age of fourteen; that investigation involves whether the child witness has the following: “(1) capacity to observe or perceive the occurrence with a substantial degree of accuracy; (2) ability to remember the event which was observed or perceived; (3) ability to understand questions and to communicate intelligent answers about the occurrence, and (4) consciousness of the duty to speak the truth.” See also Commonwealth v. De 2015See also Commonwealth v. Delbridge, 859 A.2d 1254 (Pa. 2004) (“Delbridge II”) (explaining judicial competency investigations apply in cases where sexual abuse complainants are young children because child’s memory is uniquely susceptible to falsely implanted suggestions which may cause child difficulty in distinguishing fact from fantasy when called to testify). | 2 | 3 |
Com. v. DJAgreen2 sentences2026Nevertheless, “[w]hen the witness is under fourteen years of age, there must be a searching judicial inquiry [by the trial court] as to [the child witness’s] mental capacity….” Commonwealth v. D.J.A., 800 A.2d 965, 969 (Pa. Super. 2002). … In Pennsylvania, the general rule is that every witness is presumed to be competent to be a witness. [See] Pa.R.E. 601(a). 2009In making its determination, the court must inquire whether the child possesses: (1) such capacity to communicate, including as it does both an ability to understand questions and to frame and express intelligent answers, (2) mental capacity to observe the occurrence itself and the capacity of remembering what it is that she is called to testify about and (3) a consciousness of the duty to speak the truth.” Id. (quoting Commonwealth v. D.J.A., 800 A.2d 965, 969 (Pa. Super. 2002) (citations and quotations omitted)). | 2 | 2 |
Commonwealth v. Delbridgegreen2 sentences2015However, in the case of a child witness, once evidence of corruption is established, the court must make a searching judicial inquiry into the mental capacity of a witness under the age of 14; that investigation involves whether the child witness has the following: “(1) capacity to observe or perceive the occurrence with a substantial degree of accuracy; (2) ability to remember the event which was observed or perceived; (3) ability to understand questions and to communicate intelligent answers about the occurrence, and (4) consciousness of the duty to speak the truth.” Commonwealth v. Delbridg 2009In the case of a child witness, once evidence of corruption is established, the court must make a searching judicial inquiry into the mental capacity of a witness under the age of fourteen; that investigation involves whether the child witness has the following: "(1) capacity to observe or perceive the occurrence with a substantial degree of accuracy; (2) ability to remember the event which was observed or perceived; (3) ability to understand questions and to communicate intelligent answers about the occurrence, and (4) consciousness of the duty to speak the truth.” Id. at 676, 855 A.2d 27 . | 2 | 2 |
Commonwealth v. Butlergreen1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 1 |
Commonwealth v. Santiagogreen1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 1 |
Hartford Accident & Indemnity Co. v. Insurance Commissioner of Commonwealthgreen1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 1 |
Commonwealth Ex Rel. Spriggs v. Carsongreen1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 1 |
Commonwealth v. Trimblegreen2 sentences2009See also Commonwealth v. Delbridge, 580 Pa. 68 , 859 A.2d 1254 (2004) ("Delbridge II") (explaining judicial competency investigations apply in cases where sexual abuse complainants are young children because child’s memory is uniquely susceptible to falsely implanted suggestions which may cause child difficulty in distinguishing fact from fantasy when called to testify); Commonwealth v. Trimble, 419 Pa.Super. 108 , 615 A.2d 48, 50 (1992). 2009See also Commonwealth v. Delbridge, 580 Pa. 68 , 859 A.2d 1254 (2004) ("Delbridge II") (explaining judicial competency investigations apply in cases where sexual abuse complainants are young children because child’s memory is uniquely susceptible to falsely implanted suggestions which may cause child difficulty in distinguishing fact from fantasy when called to testify); Commonwealth v. Trimble, 419 Pa.Super. 108 , 615 A.2d 48, 50 (1992). | 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. Stohr
green
2 sentences1990This inquiry will probe the capacity to communicate, observe and remember, and a consciousness of the duty to speak the truth in proportion to the witness’s chronological immaturity. [T]he judge holds the superior opportunity to evaluate the competency of a proposed child witness____ *596 Commonwealth v. McEachin, 371 Pa.Super. 188 , 537 A.2d 883 (1988) (allocatur denied), quoting Commonwealth v. Stohr, 361 Pa.Super. 293 , 522 A.2d 589 (1987), (citations omitted). 1990This inquiry will probe the capacity to communicate, observe and remember, and a consciousness of the duty to speak the truth in proportion to the witness’s chronological immaturity. [T]he judge holds the superior opportunity to evaluate the competency of a proposed child witness____ *596 Commonwealth v. McEachin, 371 Pa.Super. 188 , 537 A.2d 883 (1988) (allocatur denied), quoting Commonwealth v. Stohr, 361 Pa.Super. 293 , 522 A.2d 589 (1987), (citations omitted). | 2 | 1988–1990 |
DiFlorido v. DiFlorido
green
1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 2024–2024 |
Butler v. Butler
green
1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 2024–2024 |
Henderson v. Henderson
green
1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 2024–2024 |
Hopkins v. Blanco
green
1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 2024–2024 |
New Mexico Right to Choose/NARAL v. Johnson
green
2 sentences2024Id. at 13 (citing Right to Choose, 975 P.2d at 851-53 ). 2024Id. at 13 (citing Right to Choose, 975 P.2d at 851-53 ). | 1 | 2024–2024 |
Adoption of Patricia Jeanine Walker
green
1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 2024–2024 |
Conway v. Dana
green
1 sentence2024Op. at 93-98; see also Hartford, 482 A.2d at 548 ; Spriggs, 368 A.2d at 639 (plurality); Walker, 360 A2d at 605 ; Butler, 347 A.2d at 480 ; Commonwealth v. Santiago, 340 A.2d 440, 445-46 (Pa. 1975); DiFlorido, 331 A.2d at 180 ; Henderson, 327 A.2d at 62 ; Commonwealth v. Butler, 328 A.2d 851, 855-57 (Pa. 1974); Conway, 318 A.2d at 326 ; Hopkins, 320 A.2d at 140 . 193 Although the Majority does not designate its approach as strict scrutiny, I understand the searching judicial inquiry that it articulates to be just that. | 1 | 2024–2024 |
Com. v. Washington
green
1 sentence2021The Court created a “per se rule requiring the trial court to conduct a competency hearing in the absence of the jury.” Washington, 722 A.2d at 647 . - 10 - J-A10040-21 Appellant cites a recent Pennsylvania Supreme Court case, Commonwealth v. Thomas, 215 A.3d 36 (Pa. 2019), and argues that the competency of a witness under the age of 14 years is not presumed under Pa.R.E. 601, “but must be established through a searching judicial inquiry.” Appellant’s Brief at 11. | 1 | 2021–2021 |
Commonwealth v. Hunzer
green
1 sentence2009In making its determination, the court must inquire whether the child possesses: (1) such capacity to communicate, including as it does both an ability to understand questions and to frame and express intelligent answers, (2) mental capacity to observe the occurrence itself and the capacity of remembering what it is that she is called to testify about and (3) a consciousness of the duty to speak the truth.” Id. (quoting Commonwealth v. D.J.A., 800 A.2d 965, 969 (Pa. Super. 2002) (citations and quotations omitted)). | 1 | 2009–2009 |
Commonwealth v. McEachin
green
2 sentences1990This inquiry will probe the capacity to communicate, observe and remember, and a consciousness of the duty to speak the truth in proportion to the witness’s chronological immaturity. [T]he judge holds the superior opportunity to evaluate the competency of a proposed child witness____ *596 Commonwealth v. McEachin, 371 Pa.Super. 188 , 537 A.2d 883 (1988) (allocatur denied), quoting Commonwealth v. Stohr, 361 Pa.Super. 293 , 522 A.2d 589 (1987), (citations omitted). 1990This inquiry will probe the capacity to communicate, observe and remember, and a consciousness of the duty to speak the truth in proportion to the witness’s chronological immaturity. [T]he judge holds the superior opportunity to evaluate the competency of a proposed child witness____ *596 Commonwealth v. McEachin, 371 Pa.Super. 188 , 537 A.2d 883 (1988) (allocatur denied), quoting Commonwealth v. Stohr, 361 Pa.Super. 293 , 522 A.2d 589 (1987), (citations omitted). | 1 | 1990–1990 |
Commonwealth v. Mazzoccoli
green
2 sentences1983Commonwealth v. Pronkoskie, 477 Pa. 132 , 383 A.2d 858 (1978); Commonwealth v. Hall, 267 Pa.Superior 204, 406 A.2d 765 (1979); Commonwealth v. Mazzoccoli, 475 Pa. 408 , 380 A.2d 786 (1977); Commonwealth v. Baker, supra. Although there is no doubt but that a witness is presumed to be competent, and that the objecting party carries the burden of proving otherwise, it is equally certain that where the witness is under fourteen years of age, “there must be a searching judicial inquiry as to mental capacity...” Commonwealth v. Short, 278 Pa.Superior 581, 586, 420 A.2d 694, 696 (1980). 1983Commonwealth v. Pronkoskie, 477 Pa. 132 , 383 A.2d 858 (1978); Commonwealth v. Hall, 267 Pa.Superior 204, 406 A.2d 765 (1979); Commonwealth v. Mazzoccoli, 475 Pa. 408 , 380 A.2d 786 (1977); Commonwealth v. Baker, supra. Although there is no doubt but that a witness is presumed to be competent, and that the objecting party carries the burden of proving otherwise, it is equally certain that where the witness is under fourteen years of age, “there must be a searching judicial inquiry as to mental capacity...” Commonwealth v. Short, 278 Pa.Superior 581, 586, 420 A.2d 694, 696 (1980). | 1 | 1983–1983 |
Commonwealth v. Hall
green
1 sentence1983Commonwealth v. Pronkoskie, 477 Pa. 132 , 383 A.2d 858 (1978); Commonwealth v. Hall, 267 Pa.Superior 204, 406 A.2d 765 (1979); Commonwealth v. Mazzoccoli, 475 Pa. 408 , 380 A.2d 786 (1977); Commonwealth v. Baker, supra. Although there is no doubt but that a witness is presumed to be competent, and that the objecting party carries the burden of proving otherwise, it is equally certain that where the witness is under fourteen years of age, “there must be a searching judicial inquiry as to mental capacity...” Commonwealth v. Short, 278 Pa.Superior 581, 586, 420 A.2d 694, 696 (1980). | 1 | 1983–1983 |
Commonwealth v. Pronkoskie
green
2 sentences1983Commonwealth v. Pronkoskie, 477 Pa. 132 , 383 A.2d 858 (1978); Commonwealth v. Hall, 267 Pa.Superior 204, 406 A.2d 765 (1979); Commonwealth v. Mazzoccoli, 475 Pa. 408 , 380 A.2d 786 (1977); Commonwealth v. Baker, supra. Although there is no doubt but that a witness is presumed to be competent, and that the objecting party carries the burden of proving otherwise, it is equally certain that where the witness is under fourteen years of age, “there must be a searching judicial inquiry as to mental capacity...” Commonwealth v. Short, 278 Pa.Superior 581, 586, 420 A.2d 694, 696 (1980). 1983Commonwealth v. Pronkoskie, 477 Pa. 132 , 383 A.2d 858 (1978); Commonwealth v. Hall, 267 Pa.Superior 204, 406 A.2d 765 (1979); Commonwealth v. Mazzoccoli, 475 Pa. 408 , 380 A.2d 786 (1977); Commonwealth v. Baker, supra. Although there is no doubt but that a witness is presumed to be competent, and that the objecting party carries the burden of proving otherwise, it is equally certain that where the witness is under fourteen years of age, “there must be a searching judicial inquiry as to mental capacity...” Commonwealth v. Short, 278 Pa.Superior 581, 586, 420 A.2d 694, 696 (1980). | 1 | 1983–1983 |
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.
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.