test is a two-part inquiry (Pennsylvania) · Go Syfert
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test is a two-part inquiry in Pennsylvania

13 Pennsylvania opinions name it 1 courts 2002–2025 5 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 (3)

CaseFollowedCited
Commonwealth v. Brewingtongreen
pasuperct · 1999 · cited in 3 Pennsylvania opinions naming this issue, 2002–2021
2 sentences

2021Commonwealth v. Brewington, 740 A.2d 247, 254 (Pa. Super. 1999)[.] With respect to the first prong, that the statement is given under reliable circumstances, our Supreme Court has deemed reliable only certain statements; among them is a statement that is “reduced to a writing and signed and adopted by the witness.” Lively, 610 A.2d at 10 .

2019Commonwealth v. Brewington, 740 A.2d 247, 254 (Pa. Super. 1999), appeal denied, … 758 A.2d 660 ([Pa.] 2000).

33
Commonwealth v. Livelygreen
pa · 1992 · cited in 8 Pennsylvania opinions naming this issue, 2017–2025
2 sentences

2025With respect to the first prong, that the statement is given under reliable circumstances, our Supreme Court has deemed reliable only certain statements; among them is a statement that is reduced to a writing and signed and adopted by the witness. [See Commonwealth v. Lively, 610 A.2d 7, 9-10 (Pa. 1992); see also Pa.R.E. 803.1(1).] With respect to the second prong, cross-examination, the inconsistent statement itself must be the subject of the cross-examination in order to satisfy the test.

2025With respect to the first prong, that the statement is given under reliable circumstances, our Supreme Court has deemed reliable only certain statements; among them is a statement that is reduced to a writing and signed and adopted by the witness. [See Commonwealth v. Lively, 610 A.2d 7, 9-10 (Pa. 1992); see also Pa.R.E. 803.1(1).] With respect to the second prong, cross-examination, the inconsistent statement itself must be the subject of the cross-examination in order to satisfy the test.

28
Commonwealth v. Carmodygreen
pasuperct · 2002 · cited in 3 Pennsylvania opinions naming this issue, 2015–2021
2 sentences

2016“The test is a two-part inquiry: 1) whether the statement is given *1041 under reliable circumstances; and 2) whether the declarant is available for cross-examination.” Id. ‘With respect to the second prong, cross-examination, the inconsistent statement itself must be the subject of the cross-examination in order to satisfy the test.” Id. at 148 .

2016“The test is a two-part inquiry: 1) whether the statement is given *1041 under reliable circumstances; and 2) whether the declarant is available for cross-examination.” Id. ‘With respect to the second prong, cross-examination, the inconsistent statement itself must be the subject of the cross-examination in order to satisfy the test.” Id. at 148 .

13

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 2502 (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.

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