Fourteenth Amendment due process clause in Pennsylvania

15 Pennsylvania opinions name it 4 courts 1972–2023 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 (8)

Case	Followed	Cited
Commonwealth v. Coxgreen pa · 2009 · cited in 2 Pennsylvania opinions naming this issue, 2015–2015 2 sentences 2015Commonwealth v. Cox, 983 A.2d 666, 685 (Pa. 2009). 2015There must be a plausible showing that an act by the government caused the loss or erosion of testimony that was both material and favorable to the defense. ____________________________________________ 7 In Commonwealth v. Cox, 983 A.2d 666, 685 (Pa. 2009), our Supreme Court, discussing the meaning of prosecutorial misconduct, noted: The phrase ‘prosecutorial misconduct’ has been so abused as to lose any particular meaning.	2	2
Commonwealth v. Kellygreen pasuperct · 2013 · cited in 2 Pennsylvania opinions naming this issue, 2014–2015 2 sentences 2015Moreover, we have reiterated that “[p]ursuant to Article I, § 9 of the Pennsylvania Constitution, and the Sixth Amendment of the federal constitution as applied to the states via the Fourteenth Amendment due process clause, defendants have the right to be present during their criminal trial.” Commonwealth v. Kelly, 78 A.3d 1136, 1141 (Pa. Super. 2013), appeal denied, 91 A.3d 161 (Pa. 2014) (citations omitted). 2014In his petition to withdraw, counsel (Footnote Continued Next Page) -6- J-S53023-14 Anders brief is whether the trial court erred by removing the defendant from the courtroom prior to jury the Sixth Amendment of the federal constitution as applied to the states via the Fourteenth Amendment due process clause, defendants have the right to Commonwealth v. Kelly, 78 A.3d 1136, 1141 (Pa. Super. 2013), appeal denied, 91 A.3d 161 (Pa. 2014) (citations omitted); see Gomez v. United States, 490 U.S. 858, 873 (1989) (citation omitted) (defendants have a constitutional right to be present during jury se	2	2
Commonwealth v. Hunsbergergreen pa · 2012 · cited in 2 Pennsylvania opinions naming this issue, 2014–2015 2 sentences 2015Likewise, our Supreme Court has expressed that “a defendant is guaranteed the right to be present at any stage of the criminal proceeding that is critical to its outcome if his presence would contribute to the fairness of the procedure.” Commonwealth v. Hunsberger, 58 A.3d 32, 37 (Pa. 2012) (quoting Kentucky v. Stincer, 482 U.S. 730, 745 (1987). 2014In his petition to withdraw, counsel (Footnote Continued Next Page) -6- J-S53023-14 Anders brief is whether the trial court erred by removing the defendant from the courtroom prior to jury the Sixth Amendment of the federal constitution as applied to the states via the Fourteenth Amendment due process clause, defendants have the right to Commonwealth v. Kelly, 78 A.3d 1136, 1141 (Pa. Super. 2013), appeal denied, 91 A.3d 161 (Pa. 2014) (citations omitted); see Gomez v. United States, 490 U.S. 858, 873 (1989) (citation omitted) (defendants have a constitutional right to be present during jury se	2	2
Commonwealth v. Wilsongreen pa · 1998 · cited in 2 Pennsylvania opinions naming this issue, 2013–2020 2 sentences 2013Pursuant to Article I, § 9 of the Pennsylvania Constitution, and the Sixth Amendment of the federal constitution as applied to the states via the Fourteenth Amendment due process clause, defendants have the right to be present during their criminal trial. 5 Commonwealth v. Wilson, 551 Pa. 593 , 712 A.2d 735 (1998); Hill, supra; Commonwealth v. Bond, 693 A.2d 220 (Pa.Super.1997); see also PA Const. Article I, § 6 (“Trial by jury shall be as heretofore and the right thereof remain inviolate.”). 2013Pursuant to Article I, § 9 of the Pennsylvania Constitution, and the Sixth Amendment of the federal constitution as applied to the states via the Fourteenth Amendment due process clause, defendants have the right to be present during their criminal trial. 5 Commonwealth v. Wilson, 551 Pa. 593 , 712 A.2d 735 (1998); Hill, supra; Commonwealth v. Bond, 693 A.2d 220 (Pa.Super.1997); see also PA Const. Article I, § 6 (“Trial by jury shall be as heretofore and the right thereof remain inviolate.”).	1	2
Burger King Corp. v. Rudzewiczgreen scotus · 1985 · cited in 2 Pennsylvania opinions naming this issue, 2001–2003 2 sentences 2003Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 , (1985). ¶ 8 This Court, in Efford v. The Jockey Club, 796 A.2d 370 (Pa.Super.2002), first addressed the issue of whether an internet website of a foreign company permits Pennsylvania courts to exercise general personal jurisdiction over a defendant via Pennsylvania’s long arm statute. 2003Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 , (1985). ¶ 8 This Court, in Efford v. The Jockey Club, 796 A.2d 370 (Pa.Super.2002), first addressed the issue of whether an internet website of a foreign company permits Pennsylvania courts to exercise general personal jurisdiction over a defendant via Pennsylvania’s long arm statute.	1	2
Commonwealth v. Hollomangreen pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018 1 sentence 2018There must be a plausible showing that an act by the government caused the loss or erosion of testimony that was both material and favorable to the defense." Commonwealth v. Holloman, 621 A.2d 1046, 1054 (Pa. Super. 1993) (internal citations omitted).	1	1
Kentucky v. Stincergreen scotus · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015 1 sentence 2015Likewise, our Supreme Court has expressed that “a defendant is guaranteed the right to be present at any stage of the criminal proceeding that is critical to its outcome if his presence would contribute to the fairness of the procedure.” Commonwealth v. Hunsberger, 58 A.3d 32, 37 (Pa. 2012) (quoting Kentucky v. Stincer, 482 U.S. 730, 745 (1987).	1	1
Gomez v. United Statesgreen scotus · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014 1 sentence 2014In his petition to withdraw, counsel (Footnote Continued Next Page) -6- J-S53023-14 Anders brief is whether the trial court erred by removing the defendant from the courtroom prior to jury the Sixth Amendment of the federal constitution as applied to the states via the Fourteenth Amendment due process clause, defendants have the right to Commonwealth v. Kelly, 78 A.3d 1136, 1141 (Pa. Super. 2013), appeal denied, 91 A.3d 161 (Pa. 2014) (citations omitted); see Gomez v. United States, 490 U.S. 858, 873 (1989) (citation omitted) (defendants have a constitutional right to be present during jury se	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 (10)

Case	Cited	Years
Pacific Mutual Life Insurance v. Haslip green scotus · 1991 2 sentences 2023Haslip, 499 U.S. at 12 . 2023Haslip, 499 U.S. at 12 .	2	2023–2023
Benton v. Maryland green scotus · 1969 2 sentences 1979In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Supreme Court ruled that the fifth amendment double jeopardy provision was incorporated into the fourteenth amendment due process clause and was binding on the states. 1979In Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969), the Supreme Court ruled that the fifth amendment double jeopardy provision was incorporated into the fourteenth amendment due process clause and was binding on the states.	2	1972–1979
Commonwealth v. Hill green pasuperct · 1999 1 sentence 2013Pursuant to Article I, § 9 of the Pennsylvania Constitution, and the Sixth Amendment of the federal constitution as applied to the states via the Fourteenth Amendment due process clause, defendants have the right to be present during their criminal trial. 5 Commonwealth v. Wilson, 551 Pa. 593 , 712 A.2d 735 (1998); Hill, supra; Commonwealth v. Bond, 693 A.2d 220 (Pa.Super.1997); see also PA Const. Article I, § 6 (“Trial by jury shall be as heretofore and the right thereof remain inviolate.”).	1	2013–2013
Commonwealth v. Bond green pasuperct · 1997 1 sentence 2013Pursuant to Article I, § 9 of the Pennsylvania Constitution, and the Sixth Amendment of the federal constitution as applied to the states via the Fourteenth Amendment due process clause, defendants have the right to be present during their criminal trial. 5 Commonwealth v. Wilson, 551 Pa. 593 , 712 A.2d 735 (1998); Hill, supra; Commonwealth v. Bond, 693 A.2d 220 (Pa.Super.1997); see also PA Const. Article I, § 6 (“Trial by jury shall be as heretofore and the right thereof remain inviolate.”).	1	2013–2013
Efford v. Jockey Club green pasuperct · 2002 1 sentence 2003Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 , (1985). ¶ 8 This Court, in Efford v. The Jockey Club, 796 A.2d 370 (Pa.Super.2002), first addressed the issue of whether an internet website of a foreign company permits Pennsylvania courts to exercise general personal jurisdiction over a defendant via Pennsylvania’s long arm statute.	1	2003–2003
United States v. Valenzuela-Bernal green scotus · 1982 2 sentences 1993To establish a fourteenth amendment due process violation based on the denial of the right to compulsory process, a defendant must establish “more than the mere absence of testimony.” United States v. Valenzuelar-Bernal, 458 U.S. 858, 867 , 102 S.Ct. 3440, 3446 , 73 L.Ed.2d 1193 (1982). 1993To establish a fourteenth amendment due process violation based on the denial of the right to compulsory process, a defendant must establish “more than the mere absence of testimony.” United States v. Valenzuelar-Bernal, 458 U.S. 858, 867 , 102 S.Ct. 3440, 3446 , 73 L.Ed.2d 1193 (1982).	1	1993–1993
Commonwealth v. Taylor green pa · 1977 2 sentences 1978Thus Bogan had neither a fourteenth amendment due process right under Stovall nor a right to counsel which would be made applicable to the states through the fourteenth amendment due process clause, Gilbert v. California, supra, at 271, 87 S.Ct. 1951 . 168 The majority's only citation of authority in connection with its finding of a prohibited confrontation is its invitation in footnote 6 to compare Moore v. Illinois, 434 U.S. 220 , 98 S.Ct. 458 , 54 L.Ed.2d 424 (1977), and Commonwealth v. Taylor, 472 Pa. 1 , 370 A.2d 1197 (1977), with this case. 1978Thus Bogan had neither a fourteenth amendment due process right under Stovall nor a right to counsel which would be made applicable to the states through the fourteenth amendment due process clause, Gilbert v. California, supra, at 271, 87 S.Ct. 1951 . 168 The majority's only citation of authority in connection with its finding of a prohibited confrontation is its invitation in footnote 6 to compare Moore v. Illinois, 434 U.S. 220 , 98 S.Ct. 458 , 54 L.Ed.2d 424 (1977), and Commonwealth v. Taylor, 472 Pa. 1 , 370 A.2d 1197 (1977), with this case.	1	1978–1978
Gilbert v. California green scotus · 1967 2 sentences 1978Thus Bogan had neither a fourteenth amendment due process right under Stovall nor a right to counsel which would be made applicable to the states through the fourteenth amendment due process clause, Gilbert v. California, supra, at 271, 87 S.Ct. 1951 . 1978Thus Bogan had neither a fourteenth amendment due process right under Stovall nor a right to counsel which would be made applicable to the states through the fourteenth amendment due process clause, Gilbert v. California, supra, at 271, 87 S.Ct. 1951 . *168 The majority's only citation of authority in connection with its finding of a prohibited confrontation is its invitation in footnote 6 to compare Moore v. Illinois, 434 U.S. 220 , 98 S.Ct. 458 , 54 L.Ed.2d 424 (1977), and Commonwealth v. Taylor, 472 Pa. 1 , 370 A.2d 1197 (1977), with this case.	1	1978–1978
Moore v. Illinois green scotus · 1977 2 sentences 1978Thus Bogan had neither a fourteenth amendment due process right under Stovall nor a right to counsel which would be made applicable to the states through the fourteenth amendment due process clause, Gilbert v. California, supra, at 271, 87 S.Ct. 1951 . 168 The majority's only citation of authority in connection with its finding of a prohibited confrontation is its invitation in footnote 6 to compare Moore v. Illinois, 434 U.S. 220 , 98 S.Ct. 458 , 54 L.Ed.2d 424 (1977), and Commonwealth v. Taylor, 472 Pa. 1 , 370 A.2d 1197 (1977), with this case. 1978Thus Bogan had neither a fourteenth amendment due process right under Stovall nor a right to counsel which would be made applicable to the states through the fourteenth amendment due process clause, Gilbert v. California, supra, at 271, 87 S.Ct. 1951 . 168 The majority's only citation of authority in connection with its finding of a prohibited confrontation is its invitation in footnote 6 to compare Moore v. Illinois, 434 U.S. 220 , 98 S.Ct. 458 , 54 L.Ed.2d 424 (1977), and Commonwealth v. Taylor, 472 Pa. 1 , 370 A.2d 1197 (1977), with this case.	1	1978–1978
Ashe v. Swenson green scotus · 1970 1 sentence 1972In Ashe v. Swenson, 397 U.S. 436 (1970), the Supreme Court further held that collateral estoppel is incorporated in the concept of double jeopardy when the same factual considerations and evidence, arising from a single transaction, are the basis for two or more prosecutions against the same person.	1	1972–1972

Where else courts name it

WA 39 (1966–2024) CA 36 (1970–2025) IL 26 (1970–2026) TX 24 (1987–2019) PA 15 (1972–2023) CT 13 (1984–2016) OH 12 (1986–2018) MD 11 (1976–2010) NJ 9 (1979–2006) CO 8 (1989–2019) IA 7 (1977–2023) SC 7 (1984–2003) MI 7 (1964–2008) IN 6 (1970–2018) NM 6 (1979–2023) NY 6 (1972–1997) MA 6 (1989–2002) AZ 5 (1966–2004) ID 5 (1978–2020) MS 5 (1979–2007) KS 5 (1976–1996) FL 4 (1960–1996) MO 4 (1977–2021) MT 4 (1979–2021) NC 4 (1981–2006) WI 4 (1967–2016) WV 3 (1981–1998) MN 3 (1984–1988) VA 3 (1977–2001) HI 3 (1978–2009) LA 3 (1993–2016) TN 3 (1996–2020) ME 2 (2019–2019) AK 2 (1970–1974) GA 2 (1993–1997) WY 2 (1985–2006) AL 2 (1982–1988) VI 2 (1989–2010)

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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