Wade factors (Pennsylvania) · Go Syfert
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Wade factors in Pennsylvania

12 Pennsylvania opinions name it 3 courts 1970–2023 3 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 (4)

CaseFollowedCited
Commonwealth v. Richmangreen
pa · 1974 · cited in 3 Pennsylvania opinions naming this issue, 1976–1986
2 sentences

1976The court was clearly not convinced that the appellant had waived his right to counsel at lineup, but found the police conduct in this case to be a “technical violation” not requiring suppression because the lineup itself was “fundamently fair.” In Commonwealth v. Richman, 458 Pa. 167 , 320 A.2d 351 (1974), our supreme court defined the right to lineup counsel in this state, holding that “the policy behind the Wade rule applies with equal force to all confrontations conducted after arrest.” 458 Pa. at 171 , 320 A.2d *11 at 353.

1976The court was clearly not convinced that the appellant had waived his right to counsel at lineup, but found the police conduct in this case to be a “technical violation” not requiring suppression because the lineup itself was “fundamently fair.” In Commonwealth v. Richman, 458 Pa. 167 , 320 A.2d 351 (1974), our supreme court defined the right to lineup counsel in this state, holding that “the policy behind the Wade rule applies with equal force to all confrontations conducted after arrest.” 458 Pa. at 171 , 320 A.2d *11 at 353.

23
Stovall v. Dennogreen
scotus · 1967 · cited in 2 Pennsylvania opinions naming this issue, 1970–1971
2 sentences

1971See Simmons v. United States, 390 U.S. 377, 384 , 88 S. Ct. 967, 971 (1968) ; Stovall v. Denno, 388 U.S. 293, 302 , 87 S. Ct. 1967, 1972 (1967).

1971See Simmons v. United States, 390 U.S. 377, 384 , 88 S. Ct. 967, 971 (1968) ; Stovall v. Denno, 388 U.S. 293, 302 , 87 S. Ct. 1967, 1972 (1967).

22
Simmons v. United Statesgreen
scotus · 1968 · cited in 2 Pennsylvania opinions naming this issue, 1970–1971
2 sentences

1971See Simmons v. United States, 390 U.S. 377, 384 , 88 S. Ct. 967, 971 (1968) ; Stovall v. Denno, 388 U.S. 293, 302 , 87 S. Ct. 1967, 1972 (1967).

1971See Simmons v. United States, 390 U.S. 377, 384 , 88 S. Ct. 967, 971 (1968) ; Stovall v. Denno, 388 U.S. 293, 302 , 87 S. Ct. 1967, 1972 (1967).

22
Commonwealth v. Kloibergreen
pa · 1954 · cited in 1 Pennsylvania opinions naming this issue, 1976–1976
2 sentences

1976See Commonwealth v. Kloiber, 378 Pa. 412 , 106 A.2d 820 (1954). [5] In analyzing the Wade requirement, it has been pertinently observed: [W]e think the important question is whether the representation provided the defendant at the lineup was adequate (a) to safeguard the defendant in an identification process attended with hazards of serious unfairness, to wit, the suggestive manner with which such line-up confrontations can be conducted, and (b) to preserve for the defendant the ability to effectively reconstruct at trial the manner and mode of the lineup.

1976See Commonwealth v. Kloiber, 378 Pa. 412 , 106 A.2d 820 (1954). [5] In analyzing the Wade requirement, it has been pertinently observed: [W]e think the important question is whether the representation provided the defendant at the lineup was adequate (a) to safeguard the defendant in an identification process attended with hazards of serious unfairness, to wit, the suggestive manner with which such line-up confrontations can be conducted, and (b) to preserve for the defendant the ability to effectively reconstruct at trial the manner and mode of the lineup.

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 (8)

CaseCitedYears
Tincher, T. v. Omega Flex, Inc., Aplt. green
pa · 2014
2 sentences

2023Tincher, 104 A.3d at 389 -90 (quoting John W.

2023Tincher, 104 A.3d at 389 -90 (quoting John W.

22023–2023
Barker v. Lull Engineering Co. green
cal · 1978
2 sentences

2023Instead, the Tincher Court adopted the composite test as set forth by the California Supreme Court in Barker v. Lull Engineering Co., 573 P.2d 443 (Cal. 1978), which contained a nonexclusive list of risk-utility factors: “the gravity of the danger posed by the challenged design, the likelihood that such danger would occur, the mechanical feasibility of a safer alternative design, the financial cost of an improved design, and the adverse consequences to the product and to the consumer that would result from an alternative design.” Barker, 573 P.2d at 455 . 12 As noted above, the trial court in

2023Instead, the Tincher Court adopted the composite test as set forth by the California Supreme Court in Barker v. Lull Engineering Co., 573 P.2d 443 (Cal. 1978), which contained a nonexclusive list of risk-utility factors: “the gravity of the danger posed by the challenged design, the likelihood that such danger would occur, the mechanical feasibility of a safer alternative design, the financial cost of an improved design, and the adverse consequences to the product and to the consumer that would result from an alternative design.” Barker, 573 P.2d at 455 . 12 As noted above, the trial court in

12023–2023
Equitable Gas Co. v. Wade green
pasuperct · 2002
1 sentence

2021Id.

12021–2021
In Re Estate of Warden green
pasuperct · 2010
1 sentence

2015The doctrine of laches is similar to a statute of limitations: it “may bar a party from seeking equitable relief after the lapse of a certain period, usually six years.” Estate of Warden, 2 A.3d at 579 .

12015–2015
Neil v. Biggers green
scotus · 1972
2 sentences

1978The Neil factors have been used interchangeably with the Wade factors in evaluating whether, according to the totality of the circumstances, and in-court identification rests upon an independent basis. [12] In fact, the United States Supreme Court issued the same caveat in Neil when it asserted that "[s]uggestive confrontations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the further reason that the increased chance of misidentification is gratuitous." supra 409 U.S. at 198 , 93 S.Ct. at 382 . [13] Unlike the maj

1978The Neil factors have been used interchangeably with the Wade factors in evaluating whether, according to the totality of the circumstances, and in-court identification rests upon an independent basis. [12] In fact, the United States Supreme Court issued the same caveat in Neil when it asserted that "[s]uggestive confrontations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the further reason that the increased chance of misidentification is gratuitous." supra 409 U.S. at 198 , 93 S.Ct. at 382 . [13] Unlike the maj

11978–1978
Commonwealth v. Story green
pa · 1978
2 sentences

1978The Neil factors have been used interchangeably with the Wade factors in evaluating whether, according to the totality of the circumstances, and in-court identification rests upon an independent basis. [12] In fact, the United States Supreme Court issued the same caveat in Neil when it asserted that "[s]uggestive confrontations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the further reason that the increased chance of misidentification is gratuitous." supra 409 U.S. at 198 , 93 S.Ct. at 382 . [13] Unlike the maj

1978The Neil factors have been used interchangeably with the Wade factors in evaluating whether, according to the totality of the circumstances, and in-court identification rests upon an independent basis. [12] In fact, the United States Supreme Court issued the same caveat in Neil when it asserted that "[s]uggestive confrontations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the further reason that the increased chance of misidentification is gratuitous." supra 409 U.S. at 198 , 93 S.Ct. at 382 . [13] Unlike the maj

11978–1978
United States v. Wade green
scotus · 1967
1 sentence

1970Noting that lineups are most often used to crystallize eyewitnesses' identification of the defendant, the Court specifically condemned various "suggestive procedures," one of which was ". . . that only the suspect was required to wear distinctive clothing which the culprit allegedly wore." [1] Id. at 233 , 87 S. Ct. at 1935. *406 Of course, as the majority observes, the instant case is governed by the pre- Wade standard, and the petitioner is entitled to relief only if the pre-trial confrontation, depending on the totality of the circumstances, was so unnecessarily suggestive as to be a violat

11970–1970
Commonwealth v. Lee green
pasuperct · 1969
2 sentences

1970He did believe, however, that Commonwealth v. Lee, 215 Pa. Superior Ct. 240 , 257 A. 2d 326 (1969), “greatly expand [ed] the rule of Wade” and required a new trial.

1970He did believe, however, that Commonwealth v. Lee, 215 Pa. Superior Ct. 240 , 257 A. 2d 326 (1969), “greatly expand [ed] the rule of Wade” and required a new trial.

11970–1970

Where else courts name it

NY 1206 (1971–2026) NJ 122 (1968–2026) MI 37 (1967–2026) TX 14 (1977–2023) PA 12 (1970–2023) CA 10 (1967–2022) OH 10 (1933–2023) IL 9 (1971–2007) MO 8 (1967–2020) WI 6 (1973–2021) FL 6 (1968–2017) KS 5 (2010–2025) MS 4 (1973–2024) CT 4 (1970–2016) IN 4 (1969–1999) GA 3 (1991–2016) DE 3 (1971–1972) AZ 3 (1973–2021) VT 3 (1980–2008) NC 2 (1969–2000) RI 2 (1972–1987) NM 2 (1973–1990) KY 2 (2021–2021) WA 2 (1984–2006)

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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