impeachment rule (Pennsylvania) · Go Syfert
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impeachment rule in Pennsylvania

17 Pennsylvania opinions name it 3 courts 1988–2026 7 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 (9)

CaseFollowedCited
Commonwealth v. Messersmithgreen
pasuperct · 2004 · cited in 4 Pennsylvania opinions naming this issue, 2018–2026
2 sentences

2026We begin our consideration of the proper standard of prejudice by examining the analogous situation involving an ____________________________________________ 3 See Commonwealth v. Messersmith, 860 A.2d 1078, 1085 (Pa. Super. 2004) (“[u]nder the exception to the no impeachment rule [contained in Pennsylvania Rule of Evidence 606(b)], a juror may testify only as to the existence of the outside influence, but not as to the effect this outside influence may have had on deliberations.

2023Rule 606(b)(2) then provides two exceptions to the general rule, declaring that jurors are competent to testify about whether: 1) “prejudicial information not of record and beyond common knowledge and experience was improperly brought to the jury's attention” and 2) “an outside influence was improperly brought to bear on any juror.” Pa.R.E. 606(b)(2); see also Commonwealth v. Messersmith, 860 A.2d 1078 , 1085 (Pa. Super. 2004) (“[u]nder the exception[s] to the no impeachment rule, a juror may testify only as to the existence of the [extraneous information or] outside influence, but not as to t

34
Commonwealth v. Szakalgreen
pa · 2012 · cited in 2 Pennsylvania opinions naming this issue, 2018–2020
2 sentences

2020Pa.R.E. 606(b)(1); Szakal, 50 A.3d at 223 .

2018Under no circumstances may jurors testify about their subjective reasoning processes.” Commonwealth ____________________________________________ 6 This rule is codified in Pa.R.E. 606, which provides that “[a] juror is incompetent to testify as to what occurred during deliberations.” Commonwealth v. Szakal, 50 A.3d 210, 223 (Pa. Super. 2012). -9- J-A08036-18 v. Messersmith, 860 A.2d 1078, 1085 (Pa. Super. 2004) (internal citation and quotation marks omitted).

12
Commonwealth v. Piercegreen
pa · 1973 · cited in 2 Pennsylvania opinions naming this issue, 1999–2005
2 sentences

1999However, we believe the impeachment rule does in fact apply, in light of a subsequent Supreme Court case: Commonwealth v. Pierce, 453 Pa. 319 , 309 A.2d 371 (1973).

1999However, we believe the impeachment rule does in fact apply, in light of a subsequent Supreme Court case: Commonwealth v. Pierce, 453 Pa. 319 , 309 A.2d 371 (1973).

12
Commonwealth v. Serogreen
pa · 1978 · cited in 2 Pennsylvania opinions naming this issue, 1992–2005
2 sentences

2005Accord Commonwealth v. Sero, 478 Pa. 440, 448 , 387 A.2d 63, 67 (1978) (“Information, if prejudicial, that reaches a juror through a third party is precisely the evil our exception to the no impeachment rule is intended to obviate.”); Eades v. State, 75 Md.App. 411 , 541 A.2d 1001, 1006 (1988) (“A private communication between a third party and a deliberating juror raises a serious concern that the juror may reach a verdict on the basis of the matters communicated, rather than the trial evidence.”).

2005Accord Commonwealth v. Sero, 478 Pa. 440, 448 , 387 A.2d 63, 67 (1978) (“Information, if prejudicial, that reaches a juror through a third party is precisely the evil our exception to the no impeachment rule is intended to obviate.”); Eades v. State, 75 Md.App. 411 , 541 A.2d 1001, 1006 (1988) (“A private communication between a third party and a deliberating juror raises a serious concern that the juror may reach a verdict on the basis of the matters communicated, rather than the trial evidence.”).

12
Pena-Rodriguez v. Coloradogreen
scotus · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
2 sentences

2020Id. ____________________________________________ 4 In Pena-Rodriguez, the United States Supreme Court abrogated the Pennsylvania Supreme Court’s decision of Commonwealth v. Steele, 961 A.2d 786 (Pa. 2008), in which our Supreme Court held that the no impeachment rule barred consideration of a juror’s declaration that several other jurors expressed racial bias towards the defendant and appeared to vote to convict based upon the defendant’s race.

2020Id. at 807-08 ; see also Pena- Rodriguez, 137 S.Ct. at 865 (citing Steele and noting that Pennsylvania was one of only two states that had declined to find an exception to the no impeachment rule for racial bias). -5- J-A12010-20 In the letter, which was dated the same day as the date of the verdict, Juror Number 5 wrote to the trial court that “there is a lot that troubles me about the deliberation portion of this trial.” Supplemental Certified Record, Docket Number 5.

11
Eades v. Stategreen
mdctspecapp · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
2 sentences

2005Accord Commonwealth v. Sero, 478 Pa. 440, 448 , 387 A.2d 63, 67 (1978) (“Information, if prejudicial, that reaches a juror through a third party is precisely the evil our exception to the no impeachment rule is intended to obviate.”); Eades v. State, 75 Md.App. 411 , 541 A.2d 1001, 1006 (1988) (“A private communication between a third party and a deliberating juror raises a serious concern that the juror may reach a verdict on the basis of the matters communicated, rather than the trial evidence.”).

2005Accord Commonwealth v. Sero, 478 Pa. 440, 448 , 387 A.2d 63, 67 (1978) (“Information, if prejudicial, that reaches a juror through a third party is precisely the evil our exception to the no impeachment rule is intended to obviate.”); Eades v. State, 75 Md.App. 411 , 541 A.2d 1001, 1006 (1988) (“A private communication between a third party and a deliberating juror raises a serious concern that the juror may reach a verdict on the basis of the matters communicated, rather than the trial evidence.”).

11
Boring v. LaMarcagreen
pasuperct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999
2 sentences

1999An extraneous influence consists of “information . . . not provided in open court or vocalized by the trial court via instructions.” Boring v. LaMarca, 435 Pa. Super. 487, 493 , 646 A.2d 1199, 1202 (1994) (citing Carter and Pittsburgh National Bank (concurrence), supra).

1999An extraneous influence consists of “information . . . not provided in open court or vocalized by the trial court via instructions.” Boring v. LaMarca, 435 Pa. Super. 487, 493 , 646 A.2d 1199, 1202 (1994) (citing Carter and Pittsburgh National Bank (concurrence), supra).

11
Commonwealth v. Williamsgreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990
2 sentences

1990Commonwealth v. Williams, 371 Pa.Super. 509, 515 , 538 A.2d 557, 560 (1988).

1990Commonwealth v. Williams, 371 Pa.Super. 509, 515 , 538 A.2d 557, 560 (1988).

11
Commonwealth v. Storygreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
2 sentences

1988In Commonwealth v. Story, 476 Pa. 391, 409 , 383 A.2d 155, 164 (1978), the Court ruled: We adopt the standard that an error cannot be held harmless unless the appellate court determines that the error could not have contributed to the verdict.

1988In Commonwealth v. Story, 476 Pa. 391, 409 , 383 A.2d 155, 164 (1978), the Court ruled: We adopt the standard that an error cannot be held harmless unless the appellate court determines that the error could not have contributed to the verdict.

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 (6)

CaseCitedYears
Larsen v. Senate of Pennsylvania green
pacommwct · 1994
2 sentences

2024The court also noted that the specific remedy which the DA sought – declaratory relief under Section 7541(a) of the Declaratory Judgments Act – was compatible with its prior holding in Larsen v. Senate of Pennsylvania, 646 A.2d 694 (Pa. Cmwlth. 1994) (holding that courts could not halt an impeachment proceeding through the issuance of an injunction), as the DA did not seek to bar the Senate from conducting an impeachment hearing, but, instead, trusted that, if a declaratory judgment was entered indicating that the impeachment was unconstitutional, the Senate would refrain from carrying out the

2024The court also noted that the specific remedy which the DA sought – declaratory relief under Section 7541(a) of the Declaratory Judgments Act – was compatible with its prior holding in Larsen v. Senate of Pennsylvania, 646 A.2d 694 (Pa. Cmwlth. 1994) (holding that courts could not halt an impeachment proceeding through the issuance of an injunction), as the DA did not seek to bar the Senate from conducting an impeachment hearing, but, instead, trusted that, if a declaratory judgment was entered indicating that the impeachment was unconstitutional, the Senate would refrain from carrying out the

32024–2024
Carter v. United States Steel Corp. green
pa · 1992
2 sentences

2004This rule often is referred to as the "no impeachment rule." Carter, 529 Pa. at 415 , 604 A.2d at 1013 . ¶ 16 As the trial court recognized, however, there exists a narrow exception to the no impeachment rule.

2004This rule often is referred to as the "no impeachment rule." Carter, 529 Pa. at 415 , 604 A.2d at 1013 . ¶ 16 As the trial court recognized, however, there exists a narrow exception to the no impeachment rule.

22004–2004
Commonwealth, Aplt. v. Molina, M. green
pa · 2014
1 sentence

2023Id.

12023–2023
Commonwealth v. Steele green
pa · 2008
2 sentences

2020Id. ____________________________________________ 4 In Pena-Rodriguez, the United States Supreme Court abrogated the Pennsylvania Supreme Court’s decision of Commonwealth v. Steele, 961 A.2d 786 (Pa. 2008), in which our Supreme Court held that the no impeachment rule barred consideration of a juror’s declaration that several other jurors expressed racial bias towards the defendant and appeared to vote to convict based upon the defendant’s race.

2020Id. at 807-08 ; see also Pena- Rodriguez, 137 S.Ct. at 865 (citing Steele and noting that Pennsylvania was one of only two states that had declined to find an exception to the no impeachment rule for racial bias). -5- J-A12010-20 In the letter, which was dated the same day as the date of the verdict, Juror Number 5 wrote to the trial court that “there is a lot that troubles me about the deliberation portion of this trial.” Supplemental Certified Record, Docket Number 5.

12020–2020
Commonwealth v. Girard Trust Co. green
pa · 1937
1 sentence

2007Finally, we reiterate that our approach is consistent with the line of cases beginning with Weiss v. Ziegler, 327 Pa. 100 , 193 A. 642 (1937). [1] In a parallel development, some delegates urged caution in the removal of elected officials, preferring to require impeachment instead of solely the "address of two-thirds of the Senate." That suggestion was defeated as well, with one delegate who opposed the impeachment requirement explaining: Take for instance your office of State Treasurer, who will be elected by the people.

12007–2007
Weiss v. Ziegler green
pa · 1936
1 sentence

2007Finally, we reiterate that our approach is consistent with the line of cases beginning with Weiss v. Ziegler, 327 Pa. 100 , 193 A. 642 (1937). [1] In a parallel development, some delegates urged caution in the removal of elected officials, preferring to require impeachment instead of solely the "address of two-thirds of the Senate." That suggestion was defeated as well, with one delegate who opposed the impeachment requirement explaining: Take for instance your office of State Treasurer, who will be elected by the people.

12007–2007

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 7541 (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

IL 17 (1982–2026) PA 17 (1988–2026) CA 15 (1953–2021) MS 13 (1992–2016) MD 11 (1972–2021) CO 11 (1978–2025) WI 10 (1978–2025) IA 9 (1980–2024) MI 9 (1973–2023) NJ 7 (1996–2026) TX 7 (1979–2024) FL 7 (1982–2025) CT 6 (2001–2025) GA 6 (1996–2015) DC 5 (1983–2018) NY 5 (1975–1998) WV 5 (1979–2018) UT 4 (2005–2021) NM 4 (1935–2004) AZ 4 (1976–2010) MN 4 (1980–2017) NC 4 (1978–2020) AL 4 (1992–2022) NV 3 (1991–2017) OK 3 (1999–2017) SD 3 (1994–2012) TN 3 (1982–2022) NH 2 (2000–2016) MA 2 (2015–2015) MT 2 (1979–2011) VT 2 (1977–2008) IN 2 (1972–2003) SC 2 (2005–2025)

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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