11 Pennsylvania opinions name it 2 courts 1981–2022 1 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.
| Case | Followed | Cited |
|---|---|---|
Lockhart v. McCreegreen2 sentences1987Lockhart v. McCree, 476 U.S. 162 , —, 106 S.Ct. 1758, 1764-66 , 90 L.Ed.2d 137, 148-150 (1986). 1987Lockhart v. McCree, 476 U.S. 162 , —, 106 S.Ct. 1758, 1764-66 , 90 L.Ed.2d 137, 148-150 (1986). | 2 | 2 |
Duren v. Missourigreen2 sentences2022See Duren v. Missouri, 439 U.S. 357, 363 (1979) (articulating tripart test for establishing a prima facie violation of the fair cross-section requirement of the Sixth and Fourteenth amendments to the United States Constitution); see also Commonwealth v. Harris, 424 A.2d 1245, 1247 (Pa. 1981) (applying the test articulated in Duren). -7- J-S35007-21 PCRA court lacked jurisdiction to review Appellant’s PCRA petition, and we may not review the substance of Appellant’s claims on appeal. 2004As any trial lawyer knows these questions lack firm answers. ¶ 4 Appellant cites Taylor v. Louisiana, 419 U.S. 522 , 95 S.Ct. 692 , 42 L.Ed.2d 690 (1975), for the proposition that the Sixth Amendment to the United States Constitution provides for a trial by a jury of one’s peers drawn from a source fairly representative of the community and Duren v. Missouri, 439 U.S. 357 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979), for the standard used to establish a prima facie violation of the fair cross section requirement. | 1 | 4 |
Taylor v. Louisianagreen2 sentences2004As any trial lawyer knows these questions lack firm answers. ¶ 4 Appellant cites Taylor v. Louisiana, 419 U.S. 522 , 95 S.Ct. 692 , 42 L.Ed.2d 690 (1975), for the proposition that the Sixth Amendment to the United States Constitution provides for a trial by a jury of one’s peers drawn from a source fairly representative of the community and Duren v. Missouri, 439 U.S. 357 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979), for the standard used to establish a prima facie violation of the fair cross section requirement. 2004As any trial lawyer knows these questions lack firm answers. ¶ 4 Appellant cites Taylor v. Louisiana, 419 U.S. 522 , 95 S.Ct. 692 , 42 L.Ed.2d 690 (1975), for the proposition that the Sixth Amendment to the United States Constitution provides for a trial by a jury of one’s peers drawn from a source fairly representative of the community and Duren v. Missouri, 439 U.S. 357 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979), for the standard used to establish a prima facie violation of the fair cross section requirement. | 1 | 2 |
Holland v. Illinoisgreen2 sentences1990Recently, the United States Supreme Court in Daniel Holland v. Illinois, — U.S. —, 110 S.Ct. 803 , 107 L.Ed.2d 905 (1990), held that a fair cross-section principle may not be read into the sixth amendment as a requirement for petit jury selection, as is the case with venire selection. 1990Recently, the United States Supreme Court in Daniel Holland v. Illinois, — U.S. —, 110 S.Ct. 803 , 107 L.Ed.2d 905 (1990), held that a fair cross-section principle may not be read into the sixth amendment as a requirement for petit jury selection, as is the case with venire selection. | 1 | 2 |
Commonwealth v. Harrisgreen1 sentence2022See Duren v. Missouri, 439 U.S. 357, 363 (1979) (articulating tripart test for establishing a prima facie violation of the fair cross-section requirement of the Sixth and Fourteenth amendments to the United States Constitution); see also Commonwealth v. Harris, 424 A.2d 1245, 1247 (Pa. 1981) (applying the test articulated in Duren). -7- J-S35007-21 PCRA court lacked jurisdiction to review Appellant’s PCRA petition, and we may not review the substance of Appellant’s claims on appeal. | 1 | 1 |
Commonwealth v. Lopezgreen1 sentence2018Commonwealth v. Lopez, 739 A.2d 485, 495 (Pa. 1999). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brady v. Maryland
green
2 sentences2014Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). . 2014Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). . | 1 | 2014–2014 |
Commonwealth v. Bastarache
green
1 sentence1981Compare e. g., Duren v. Missouri, supra (accused established prima facie case by showing jury venires contained 15% women while relevant community was “slightly over half” women); Commonwealth v. Bastarache, - Mass.App. -, 409 N.E.2d 796 (1980) (accused showed disparity of “approximately 20%” between 18-34 year olds in relevant community and those in jury pool). | 1 | 1981–1981 |
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.
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.