Ross exception in Pennsylvania

2023Id. at 794-95 .

2023Id. at 794-95 .

1995The first leg is to ensure that there is some substance to the charge as to which leniency has allegedly been promised---The second leg of the [exception] is to ensure that the prosecutor was able to promise leniency.” 250 Pa.Super. at 529 , 378 A.2d at 1274 .

1995The first leg is to ensure that there is some substance to the charge as to which leniency has allegedly been promised---The second leg of the [exception] is to ensure that the prosecutor was able to promise leniency.” 250 Pa.Super. at 529 , 378 A.2d at 1274 .

2017Ross, 871 A.2d at 278-79 .

2017Ross, 871 A.2d at 278-79 .

2012Instead, relying primarily on this Court's brief 1963 opinion in Petition of *466 Ross, 411 Pa. 45 , 190 A.2d 719 (Pa.1963), and on a single judge opinion in In re Duncan, 102 Pa.Cmwlth. 99 , 516 A.2d 776 (Pa.Cmwlth.1982), Ross's progeny, the panel held that the "defects" represented by the notary's falsehood were "cured" by a later non-notarization proceeding that did not affect the initial false certification, and offered no independent analysis of the operative statutory language.

2012Instead, relying primarily on this Court's brief 1963 opinion in Petition of *466 Ross, 411 Pa. 45 , 190 A.2d 719 (Pa.1963), and on a single judge opinion in In re Duncan, 102 Pa.Cmwlth. 99 , 516 A.2d 776 (Pa.Cmwlth.1982), Ross's progeny, the panel held that the "defects" represented by the notary's falsehood were "cured" by a later non-notarization proceeding that did not affect the initial false certification, and offered no independent analysis of the operative statutory language.

2012Id.

2012Instead, relying primarily on this Court's brief 1963 opinion in Petition of *466 Ross, 411 Pa. 45 , 190 A.2d 719 (Pa.1963), and on a single judge opinion in In re Duncan, 102 Pa.Cmwlth. 99 , 516 A.2d 776 (Pa.Cmwlth.1982), Ross's progeny, the panel held that the "defects" represented by the notary's falsehood were "cured" by a later non-notarization proceeding that did not affect the initial false certification, and offered no independent analysis of the operative statutory language.

2012Instead, relying primarily on this Court's brief 1963 opinion in Petition of *466 Ross, 411 Pa. 45 , 190 A.2d 719 (Pa.1963), and on a single judge opinion in In re Duncan, 102 Pa.Cmwlth. 99 , 516 A.2d 776 (Pa.Cmwlth.1982), Ross's progeny, the panel held that the "defects" represented by the notary's falsehood were "cured" by a later non-notarization proceeding that did not affect the initial false certification, and offered no independent analysis of the operative statutory language.

2000Rosen at 382 , 627 A.2d at 193 .

2000During the drafting of this memorandum and order, this court was presented with the case of Shiner v. Moriarty, 706 A.2d 1228 (Pa. Super. 1998) as previously noted.

1995Therefore, when we considered the Ross exception again in Commonwealth v. Joines, we recharacterized its two requirements as “the existence of an indictment against the witness; and evidence that the prosecutor was able to promise the witness leniency on the charges against him.” 264 Pa.Super. 281, 284 , 399 A.2d 776, 778 (1979), appeal dismissed, 498 Pa. 127 , 445 A.2d 100 (1982).

1995Therefore, when we considered the Ross exception again in Commonwealth v. Joines, we recharacterized its two requirements as “the existence of an indictment against the witness; and evidence that the prosecutor was able to promise the witness leniency on the charges against him.” 264 Pa.Super. 281, 284 , 399 A.2d 776, 778 (1979), appeal dismissed, 498 Pa. 127 , 445 A.2d 100 (1982).

1986A Commis *569 sioner overruled Ross’ objection to the test’s admissibility and stated that the Commission could use polygraph results to determine an individual’s credibility. 6 In Township of Silver Spring v. Thompson, 90 Pa. Commonwealth Ct. 456 , 496 A.2d 72 (1985), we held that the results of a polygraph examination given to a police officer were inadmissible at his dismissal hearing absent evidence that polygraph tests are scientifically reliable. 7 We believe that the results of the polygraph test given to the witness in this case are also inadmissi *570 ble.

1986A Commis *569 sioner overruled Ross’ objection to the test’s admissibility and stated that the Commission could use polygraph results to determine an individual’s credibility. 6 In Township of Silver Spring v. Thompson, 90 Pa. Commonwealth Ct. 456 , 496 A.2d 72 (1985), we held that the results of a polygraph examination given to a police officer were inadmissible at his dismissal hearing absent evidence that polygraph tests are scientifically reliable. 7 We believe that the results of the polygraph test given to the witness in this case are also inadmissi *570 ble.

1977We therefore leave for a later case the question of whether to find an exception to the Ross rule, in the meantime particularly noting the discussion of a similar point in Davis v. Alaska, 415 U.S. 308 , 94 S.Ct. 1105 , 39 L.Ed.2d 347 (1974).

1977We therefore leave for a later case the question of whether to find an exception to the Ross rule, in the meantime particularly noting the discussion of a similar point in Davis v. Alaska, 415 U.S. 308 , 94 S.Ct. 1105 , 39 L.Ed.2d 347 (1974).