circumstances surrounding waiver in Pennsylvania

18 Pennsylvania opinions name it 2 courts 1912–2025 2 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 (6)

Case	Followed	Cited
Commonwealth v. Lyonsgreen pa · 2013 · cited in 3 Pennsylvania opinions naming this issue, 2015–2019 2 sentences 2019To determine whether a waiver is valid, a suppression court must look to the totality of the circumstances surrounding the waiver, “including but not limited to the declarant's physical and psychological state, the attitude exhibited by the police during the interrogation, and any other factors which may serve to drain one's powers of resistance to suggestion and coercion.” Id. at 472 (citing Lyons, 79 A.3d at 1066 ). 2019To determine whether a waiver is valid, a suppression court must look to the totality of the circumstances surrounding the waiver, “including but not limited to the declarant's physical and psychological state, the attitude exhibited by the police during the interrogation, and any other factors which may serve to drain one's powers of resistance to suggestion and coercion.” Id. at 472 (citing Lyons, 79 A.3d at 1066 ).	2	3
Commonwealth v. Fogangreen pa · 1972 · cited in 2 Pennsylvania opinions naming this issue, 1977–1978 2 sentences 1978Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972). 1978Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972).	1	2
Commonwealth v. Clemons, J., Aplt.green pa · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025 1 sentence 2025To determine whether a waiver is valid, a suppression court must look to “the totality of the circumstances surrounding the waiver, including but not limited to the declarant’s physical and psychological state, the attitude -5- J-S31017-25 exhibited by the police during the interrogation, and any other factors which may serve to drain one’s powers of resistance to suggestion and coercion.” Id. at 472 (citation omitted).	1	1
Commonwealth v. Bomargreen pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019 1 sentence 2019A valid waiver does not necessarily require a verbal expression of waiver and “can be clearly inferred from the actions and words of the person interrogated.” Commonwealth v. Bomar, 826 A.2d 831, 843 (Pa. 2003) (citation omitted).	1	1
Carrozza v. Greenbaumgreen pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017 1 sentence 2017Carrozza v. Greenbaum, 866 A.2d 369, 379 (Pa. Super. 2004) (citations and quotation marks omitted). -7- J-A29040-16 Defendants’ claim challenges the causation element of Palar’s medical malpractice case.	1	1
Tyler v. Kinggreen pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987 2 sentences 1987This court in Tyler v. King, 344 Pa.Super. 78, 86 , 496 A.2d 16, 20 (1985) acknowledged the value of expert testimony, which is required by Section 6134 of the Act for admissibility of blood test evidence absent stipulation of the parties to the contrary: Where the expert witness performed the test or experiment at issue, as is the case under Section 6134, calling him to testify allows a party to inquire into the circumstances surrounding the test, the factors influencing its results, the variables which could affect the result, and 33 the procedures used in recording and preserving the resul 1987This court in Tyler v. King, 344 Pa.Super. 78, 86 , 496 A.2d 16, 20 (1985) acknowledged the value of expert testimony, which is required by Section 6134 of the Act for admissibility of blood test evidence absent stipulation of the parties to the contrary: Where the expert witness performed the test or experiment at issue, as is the case under Section 6134, calling him to testify allows a party to inquire into the circumstances surrounding the test, the factors influencing its results, the variables which could affect the result, and 33 the procedures used in recording and preserving the resul	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Commonwealth v. DeJesus green pa · 2001 2 sentences 2021DeJesus, 567 Pa. at 429-30 , 787 A.2d at 402-03 . 2021DeJesus, 567 Pa. at 429-30 , 787 A.2d at 402-03 .	5	2013–2021
Commonwealth v. Manley green pa · 1980 2 sentences 1983Commonwealth v. Manley, 491 Pa. 461 , 421 A.2d 636 (1980). 1983Commonwealth v. Manley, 491 Pa. 461 , 421 A.2d 636 (1980).	2	1982–1983
Butler v. California green scotus · 2014 1 sentence 2015DeJesus, 787 A.2d at 402–03; Commonwealth v. Lyons, 79 A.3d 1053, 1066 (Pa. 2013), cert. denied sub nom., Lyons v. Pennsylvania, 134 S. Ct. 1792 (2014).	1	2015–2015
Commonwealth v. DeGeorge green pa · 1984 1 sentence 2008Id.	1	2008–2008
Mitzelfelt v. Kamrin green pa · 1990 1 sentence 2004If the circumstances surrounding a claim of malpractice are beyond the knowledge of the average lay person, the plaintiff must present an expert to testify that the conduct of the practitioner deviated from “good and acceptable medical standards, and that such deviation was a substantial factor in causing the harm suffered.” Id. (citations omitted).	1	2004–2004
Commonwealth v. Darden green pa · 1970 2 sentences 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). . 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). .	1	1977–1977
Commonwealth v. Starkes green pa · 1975 2 sentences 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). [3] Opinion of the Court at 800. [4] One may inquire how the minor could effectively reject such an opportunity, which the majority has invested with due process significance, when by hypothesis he is unable to make a valid waiver of his other constitutional rights regarding interrogation without the guidance of a concerned adult. [5] See Comm 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). [3] Opinion of the Court at 800. [4] One may inquire how the minor could effectively reject such an opportunity, which the majority has invested with due process significance, when by hypothesis he is unable to make a valid waiver of his other constitutional rights regarding interrogation without the guidance of a concerned adult. [5] See Comm	1	1977–1977
Darden v. Pennsylvania green scotus · 1971 2 sentences 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). [3] Opinion of the Court at 800. [4] One may inquire how the minor could effectively reject such an opportunity, which the majority has invested with due process significance, when by hypothesis he is unable to make a valid waiver of his other constitutional rights regarding interrogation without the guidance of a concerned adult. [5] See Comm 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). .	1	1977–1977
Taylor v. Johnson neutral scotus · 1971 2 sentences 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). [3] Opinion of the Court at 800. [4] One may inquire how the minor could effectively reject such an opportunity, which the majority has invested with due process significance, when by hypothesis he is unable to make a valid waiver of his other constitutional rights regarding interrogation without the guidance of a concerned adult. [5] See Comm 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). .	1	1977–1977
Commonwealth v. Moses green pa · 1971 2 sentences 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). . 1977See, e. g., Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Darden, 441 Pa. 41 , 271 A.2d 257 (1970), cert. denied, 401 U.S. 1004 , 91 S.Ct. 1243 , 28 L.Ed.2d 540 (1971); Commonwealth v. Moses, 446 Pa. 350 , 287 A.2d 131 (1971). .	1	1977–1977
Commonwealth v. Barnak green pa · 1947 2 sentences 1958In Commonwealth v. Barnak, 357 Pa. 391, 420 , 54 A. 2d 865 it was said: "Where counsel for defendant fails to ask further and fuller instructions or for corrections in the charge, although opportunity is given him, he cannot, on appeal, complain of error in the statement of facts by the trial judge either on the ground of inaccuracy or insufficiency. . ." Testimony pertaining to the events prior to the date of the arrest was relevant and admissible to show the circumstances surrounding the violation. 1958In Commonwealth v. Barnak, 357 Pa. 391, 420 , 54 A. 2d 865 it was said: "Where counsel for defendant fails to ask further and fuller instructions or for corrections in the charge, although opportunity is given him, he cannot, on appeal, complain of error in the statement of facts by the trial judge either on the ground of inaccuracy or insufficiency. . ." Testimony pertaining to the events prior to the date of the arrest was relevant and admissible to show the circumstances surrounding the violation.	1	1958–1958
Estate of Moore neutral pasuperct · 1900 1 sentence 1912The circumstances surrounding the claim and the parties, coupled with the refusal of the son of the claimant, who was the executor of the will which gave to his mother, sister and to himself the bulk of the estate, to exhibit an account or statement of his mother’s alleged services, made this a case specially within the rule declared in Moore’s Est., 12 Pa. Superior Ct. 599 ; Wise v. Martin, 42 Pa. Superior Ct. 443 ; Grossman v. Thunder, 212 Pa. 274 .	1	1912–1912
Wise v. Martin neutral pasuperct · 1910 1 sentence 1912The circumstances surrounding the claim and the parties, coupled with the refusal of the son of the claimant, who was the executor of the will which gave to his mother, sister and to himself the bulk of the estate, to exhibit an account or statement of his mother’s alleged services, made this a case specially within the rule declared in Moore’s Est., 12 Pa. Superior Ct. 599 ; Wise v. Martin, 42 Pa. Superior Ct. 443 ; Grossman v. Thunder, 212 Pa. 274 .	1	1912–1912
Grossman v. Thunder green ohioctapp · 1905 1 sentence 1912The circumstances surrounding the claim and the parties, coupled with the refusal of the son of the claimant, who was the executor of the will which gave to his mother, sister and to himself the bulk of the estate, to exhibit an account or statement of his mother’s alleged services, made this a case specially within the rule declared in Moore’s Est., 12 Pa. Superior Ct. 599 ; Wise v. Martin, 42 Pa. Superior Ct. 443 ; Grossman v. Thunder, 212 Pa. 274 .	1	1912–1912

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 2702 (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

CA 62 (1944–2026) NM 54 (2001–2026) OH 38 (1993–2025) AR 37 (1986–2025) NY 33 (1903–2024) CT 30 (1958–2017) IL 23 (1969–2025) FL 18 (1933–2025) PA 18 (1912–2025) MA 13 (1994–2020) WY 9 (1996–2026) TN 9 (1993–2014) AL 9 (1987–2018) KS 8 (1978–2026) RI 8 (1987–2019) IA 8 (1984–2022) IN 7 (1998–2019) TX 7 (1979–2022) NJ 5 (1991–2025) SC 4 (1977–2022) WA 4 (1968–2017) SD 3 (1990–2017) WV 3 (1995–2024) WI 3 (2006–2019) VA 3 (1986–2001) AK 3 (1977–2025) LA 2 (1977–2009) MI 2 (2015–2018) GA 2 (1977–1998) NH 2 (1994–2012) AZ 2 (1978–1985) ID 2 (2001–2004) MS 2 (1983–2019)

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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