reasonable opportunity challenge (Pennsylvania) · Go Syfert
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reasonable opportunity challenge in Pennsylvania

11 Pennsylvania opinions name it 3 courts 1974–2025 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 (3)

CaseFollowedCited
Commonwealth, Unemployment Compensation Board of Review v. Cejagreen
pa · 1981 · cited in 3 Pennsylvania opinions naming this issue, 1996–2018
2 sentences

2018In support of his due process argument, Appellant argues that he "was not afforded an opportunity to defend himself against Cowher's hearsay statement to Depaolis that relayed what [Appellant] allegedly told Cowher." Appellant's Brief at 16 (citing Commonwealth v. Ceja, 427 A.2d 631, 642 (Pa. 1981) ("Due process principles no doubt require that a party be - 10 - J -S80023-17 afforded a reasonable opportunity to challenge the reliability of adverse hearsay evidence.")).7 In response, the Commonwealth asserts that the trial court properly admitted Cowher's statements implicating Appellant under

2018In support of his due process argument, Appellant argues that he "was not afforded an opportunity to defend himself against Cowher's hearsay statement to Depaolis that relayed what [Appellant] allegedly told Cowher." Appellant's Brief at 16 (citing Commonwealth v. Ceja, 427 A.2d 631, 642 (Pa. 1981) ("Due process principles no doubt require that a party be - 10 - J -S80023-17 afforded a reasonable opportunity to challenge the reliability of adverse hearsay evidence.")).7 In response, the Commonwealth asserts that the trial court properly admitted Cowher's statements implicating Appellant under

23
W.L. Ives, M.D. v. BPOA, State Board of Medicinegreen
pacommwct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025One hearsay exception provides that a “copy of a record authenticated as provided ‘Walker rule.’” Ives, 204 A.3d at 574 (rejecting the agency’s invocation of Walker because the litigant had objected based on hearsay).

11
Bennett v. Commonwealth, Unemployment Compensation Board of Reviewgreen
pacommwct · 1982 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011While the referee “need not advise a party on evidentiary questions or on specific points of law,” the referee “must act reasonably in assisting in the development of the necessary facts.” Id. at 260 (first emphasis added); see also, Unemployment Compensation Board of Review v. Ceja, 493 Pa. 588, 611-12 , 427 A.2d 631, 643 (1981) (plurality opinion) (stating that *1116 referees have an affirmative duty to afford claimants a reasonable opportunity to challenge hearsay evidence, and that a pro se party must be given “every assistance compatible with the impartial discharge of [the tribunal’s] of

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
Pennsylvania State Police v. 139 Horseshoe Corp. green
pacommwct · 1993
2 sentences

2025It is inadmissible because “hearsay statements lack guarantees of trustworthiness and cannot be tested by cross-examination,” and due process requires “that a party be afforded a reasonable opportunity to challenge . . . the reliability of [such] adverse evidence” absent a hearsay exception equivalent to “the guarantees of trustworthiness . . . from a declarant’s presence in court.” Id. (citation modified).

2025It is inadmissible because “hearsay statements lack guarantees of trustworthiness and cannot be tested by cross-examination,” and due process requires “that a party be afforded a reasonable opportunity to challenge . . . the reliability of [such] adverse evidence” absent a hearsay exception equivalent to “the guarantees of trustworthiness . . . from a declarant’s presence in court.” Id. (citation modified).

22025–2025
Commonwealth v. MARMON green
pasuperct · 1967
2 sentences

1978This conclusion is supported by our decision in Commonwealth v. Marmon, 210 Pa.Super. 202 (1967), which pre-dated the adoption of Rule 203(c), so that the question of reasonable notice in the usual, preliminary hearing, situation was still determinable on a case by case basis.

1975This conclusion is supported by our decision in Commonwealth v. Marmon, *290 210 Pa. Superior Ct. 202 (1967), which pre-dated the adoption of Rule 203(c), so that the question of reasonable notice in the usual, preliminary hearing, situation was still determinable on a case by case basis.

21975–1978
Walker v. Unemployment Compensation Board of Review green
pacommwct · 1976
1 sentence

2018In support of his due process argument, Appellant argues that he "was not afforded an opportunity to defend himself against Cowher's hearsay statement to Depaolis that relayed what [Appellant] allegedly told Cowher." Appellant's Brief at 16 (citing Commonwealth v. Ceja, 427 A.2d 631, 642 (Pa. 1981) ("Due process principles no doubt require that a party be - 10 - J -S80023-17 afforded a reasonable opportunity to challenge the reliability of adverse hearsay evidence.")).7 In response, the Commonwealth asserts that the trial court properly admitted Cowher's statements implicating Appellant under

12018–2018
Goldberg v. Kelly green
scotus · 1970
2 sentences

1993Goldberg v. Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970).

1993Goldberg v. Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970).

11993–1993
Mills v. Habluetzel green
scotus · 1982
2 sentences

1986In Mills v. Habluetzel, 456 U.S. 91 , 102 S.Ct. 1549 , 71 L.Ed.2d 770 (1982) , the Supreme Court held that the period during which support suits can be brought on behalf of illegitimate children must be sufficiently long to allow a reasonable opportunity for the claim to be brought and the limitation on such suits must be substantially related to the state’s interest in avoiding the initiation of stale claims.

1986In Mills v. Habluetzel, 456 U.S. 91 , 102 S.Ct. 1549 , 71 L.Ed.2d 770 (1982) , the Supreme Court held that the period during which support suits can be brought on behalf of illegitimate children must be sufficiently long to allow a reasonable opportunity for the claim to be brought and the limitation on such suits must be substantially related to the state’s interest in avoiding the initiation of stale claims.

11986–1986
Pickett v. Brown green
scotus · 1983
2 sentences

1986In Mills , the court found a one year statute of limitations to deny equal protection; in Pickett v. Brown, 462 U.S. 1 , 103 S.Ct. 2199 , 76 L.Ed.2d 372 (1983), the court similarly found that a two year statute of limitations was unconstitutional.

1986In Mills , the court found a one year statute of limitations to deny equal protection; in Pickett v. Brown, 462 U.S. 1 , 103 S.Ct. 2199 , 76 L.Ed.2d 372 (1983), the court similarly found that a two year statute of limitations was unconstitutional.

11986–1986
Richardson v. Perales green
scotus · 1971
1 sentence

1985In fact, the employer was not only aware of declarant’s testimony and did not subpoena him, see Richardson v. Perales, 402 U.S. 389 (1971), but he also stipulated to the admission of his testimony.

11985–1985
Commonwealth v. Dessus green
pa · 1966
2 sentences

1974Commonwealth v. Dessus, 423 Pa. 177 , 224 A.2d 188 (1966).

1974Commonwealth v. Dessus, 423 Pa. 177 , 224 A.2d 188 (1966).

11974–1974

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 6103 (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

MS 45 (1989–2026) MI 36 (1985–2026) NY 14 (1967–2024) PA 11 (1974–2025) CA 9 (1973–2026) AR 9 (1980–2021) AK 6 (1986–2012) TX 5 (1990–2021) FL 4 (2004–2014) DC 4 (1976–1998) KY 3 (2002–2015) KS 3 (1986–2025) MD 2 (1991–2013) VT 2 (2020–2025) LA 2 (1985–2014) WI 2 (1994–2010) MA 2 (1985–2014) NJ 2 (1961–1978) IL 2 (1990–2005) OR 2 (1900–1955)

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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