illusory claim in Pennsylvania

11 Pennsylvania opinions name it 3 courts 1977–2026 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.

Followed or applied (4)

Case	Followed	Cited
Commonwealth v. Carreragreen pa · 1967 · cited in 6 Pennsylvania opinions naming this issue, 1983–2015 2 sentences 2015It is always for the court to judge if the silence is justified, and an illusory claim should be rejected.” Carrera, 227 A.2d at 629 . 2013In Commonwealth v. Carrera, 424 Pa. 551 , 227 A.2d 627 (1967), abrogated in part by statute on other grounds, Commonwealth v. Swinehart 541 Pa. 500, 514 , 664 A.2d 957, 964 (1995), our Supreme Court explained as follows: It is always for the court to judge if the silence is justified, and an illusory claim should be rejected.	3	6
Commonwealth v. Longgreen pa · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026 1 sentence 2026Commonwealth v. Long, 625 A.2d 630, 634 (Pa. 1993).	1	1
Commonwealth v. Swinehartgreen pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013 2 sentences 2013In Commonwealth v. Carrera, 424 Pa. 551 , 227 A.2d 627 (1967), abrogated in part by statute on other grounds, Commonwealth v. Swinehart 541 Pa. 500, 514 , 664 A.2d 957, 964 (1995), our Supreme Court explained as follows: It is always for the court to judge if the silence is justified, and an illusory claim should be rejected. 2013In Commonwealth v. Carrera, 424 Pa. 551 , 227 A.2d 627 (1967), abrogated in part by statute on other grounds, Commonwealth v. Swinehart 541 Pa. 500, 514 , 664 A.2d 957, 964 (1995), our Supreme Court explained as follows: It is always for the court to judge if the silence is justified, and an illusory claim should be rejected.	1	1
Commonwealth v. Allengreen pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990 2 sentences 1990See also, Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983); Commonwealth v. Rolon, 486 Pa. 573 , 406 A.2d 1039 (1979); Commonwealth v. Rodgers, 472 Pa. 435 , 372 A.2d 771 (1977). 1990See also, Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983); Commonwealth v. Rolon, 486 Pa. 573 , 406 A.2d 1039 (1979); Commonwealth v. Rodgers, 472 Pa. 435 , 372 A.2d 771 (1977).	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 (5)

Case	Cited	Years
Hoffman v. United States green scotus · 1951 1 sentence 2015However, for the court to properly overrule the claim of privilege, it must be perfectly clear from a careful consideration of all the circumstances, that the witness is mistaken in the apprehension of self-incrimination and the answers demanded cannot possibly have such tendency." Id.	1	2015–2015
Commonwealth v. Vogt green pacommwct · 1988 2 sentences 1992Id. 424 Pa. at 553, 227 A.2d at 629. 1992Id. 424 Pa. at 553, 227 A.2d at 629.	1	1992–1992
Commonwealth v. Rodgers green pa · 1977 2 sentences 1990See also, Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983); Commonwealth v. Rolon, 486 Pa. 573 , 406 A.2d 1039 (1979); Commonwealth v. Rodgers, 472 Pa. 435 , 372 A.2d 771 (1977). 1990See also, Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983); Commonwealth v. Rolon, 486 Pa. 573 , 406 A.2d 1039 (1979); Commonwealth v. Rodgers, 472 Pa. 435 , 372 A.2d 771 (1977).	1	1990–1990
Commonwealth v. Rolon green pa · 1979 2 sentences 1990See also, Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983); Commonwealth v. Rolon, 486 Pa. 573 , 406 A.2d 1039 (1979); Commonwealth v. Rodgers, 472 Pa. 435 , 372 A.2d 771 (1977). 1990See also, Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983); Commonwealth v. Rolon, 486 Pa. 573 , 406 A.2d 1039 (1979); Commonwealth v. Rodgers, 472 Pa. 435 , 372 A.2d 771 (1977).	1	1990–1990
Commonwealth v. Hawthorne green pa · 1968 2 sentences 1977However, for the court to properly overrule the claim of privilege, it must be perfectly clear from a careful consideration of all the circumstances, that the witness is mistaken in the apprehension of self-incrimination and the answers demanded cannot possibly have such tendency . . . .” (emphasis in original) Accord, Hoffman v. United States, supra; Commonwealth v. Hawthorne, 428 Pa. 260 , 236 A.2d 519 (1968). 1977However, for the court to properly overrule the claim of privilege, it must be perfectly clear from a careful consideration of all the circumstances, that the witness is mistaken in the apprehension of self-incrimination and the answers demanded cannot possibly have such tendency . . . .” (emphasis in original) Accord, Hoffman v. United States, supra; Commonwealth v. Hawthorne, 428 Pa. 260 , 236 A.2d 519 (1968).	1	1977–1977

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 5941 (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

PA 11 (1977–2026) FL 2 (1976–2010)

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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