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10 Pennsylvania opinions name it 2 courts 1996–2025 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Morleygreen2 sentences2012Initially, in Commonwealth v. Morley, 545 Pa. 420 , 681 A.2d 1254 (1996), this Court held that where a defendant raises a mental infirmity defense, he cannot refuse examination by a Commonwealth psychiatrist based upon his privilege against self-incrimination under the Fifth Amendment. 2012Initially, in Commonwealth v. Morley, 545 Pa. 420 , 681 A.2d 1254 (1996), this Court held that where a defendant raises a mental infirmity defense, he cannot refuse examination by a Commonwealth psychiatrist based upon his privilege against self-incrimination under the Fifth Amendment. | 1 | 2 |
Commonwealth v. McCullumgreen1 sentence2025See, e.g., Commonwealth v. McCullum, 738 A.2d 1007, 1009 (Pa 1999) (observing that “[d]iminished capacity is an extremely limited defense that requires psychiatric testimony concerning a defendant's mental ____________________________________________ 14 Appellant annexed medical records for mental health evaluations that occurred in September 2020 and December 2021, the former ordered in connection with a family court matter, and the latter following an alleged attempted suicide. | 1 | 1 |
Commonwealth v. Cuevasgreen1 sentence2021See Pa.R.Crim.P. 568(B)(1) (“If the defendant fails to file and serve a notice of insanity or mental infirmity defense, . . . the court may exclude entirely any evidence offered by the defendant for the purpose of proving the defense, except testimony by the defendant[.]”); see also Commonwealth v. Cuevas, 832 A.2d 388, 394 (Pa. 2003). | 1 | 1 |
Commonwealth v. Raineygreen2 sentences2018See Commonwealth v. Rainey, 593 Pa. 67, 102 , 928 A.2d 215, 236 (2007). 2018See Commonwealth v. Rainey, 593 Pa. 67, 102 , 928 A.2d 215, 236 (2007). | 1 | 1 |
Commonwealth v. Rosengreen2 sentences2012Instantly, the Superior Court reasoned that unlike in Sartin , Appellant Rosen chose to present psychiatric evidence in his first trial to support a mental infirmity defense, “ie., to cast doubt upon his guilt.” Rosen, 988 A.2d at 150 (emphasis in original). 2012Instantly, the Superior Court reasoned that unlike in Sartin , Appellant Rosen chose to present psychiatric evidence in his first trial to support a mental infirmity defense, " i.e., to cast doubt upon his guilt." Rosen, 988 A.2d at 150 (emphasis in original). | 1 | 1 |
Commonwealth v. Crossgreen2 sentences2004See Commonwealth v. Cross, 535 Pa. 38, 43 , 634 A.2d 173, 175 (1993). 2004See Commonwealth v. Cross, 535 Pa. 38, 43 , 634 A.2d 173, 175 (1993). | 1 | 1 |
United States v. Richard A. Leonardgreen1 sentence1996See, e.g., Isley v. Dugger, 877 F.2d 47 (11th Cir.1989) (in rebutting defendant’s insanity defense, State psychiatrists were properly allowed to quote defendant’s statements made to them concerning defendant’s criminal conduct); United States v. Madrid, 673 F.2d 1114 *432 (10th Cir.1982) (court held that it was not error for the State’s psychiatrist, when testifying on rebuttal, to quote to the jury statements made by defendant concerning defendant’s criminal conduct); United States v. Leonard, 609 F.2d 1163, 1166 (5th Cir.1980) (in stating that a psychiatrist for the State may testify as to a | 1 | 1 |
United States v. Michael Anthony Madridgreen1 sentence1996See, e.g., Isley v. Dugger, 877 F.2d 47 (11th Cir.1989) (in rebutting defendant’s insanity defense, State psychiatrists were properly allowed to quote defendant’s statements made to them concerning defendant’s criminal conduct); United States v. Madrid, 673 F.2d 1114 *432 (10th Cir.1982) (court held that it was not error for the State’s psychiatrist, when testifying on rebuttal, to quote to the jury statements made by defendant concerning defendant’s criminal conduct); United States v. Leonard, 609 F.2d 1163, 1166 (5th Cir.1980) (in stating that a psychiatrist for the State may testify as to a | 1 | 1 |
Billy Glen Isley v. Richard L. Duggergreen1 sentence1996See, e.g., Isley v. Dugger, 877 F.2d 47 (11th Cir.1989) (in rebutting defendant’s insanity defense, State psychiatrists were properly allowed to quote defendant’s statements made to them concerning defendant’s criminal conduct); United States v. Madrid, 673 F.2d 1114 *432 (10th Cir.1982) (court held that it was not error for the State’s psychiatrist, when testifying on rebuttal, to quote to the jury statements made by defendant concerning defendant’s criminal conduct); United States v. Leonard, 609 F.2d 1163, 1166 (5th Cir.1980) (in stating that a psychiatrist for the State may testify as to a | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Gibson
green
2 sentences2023Commonwealth v. Gibson, 553 Pa. 648, 665 , 720 A.2d 473, 481 (1998) (citing Commonwealth v. Hawkins, 549 Pa. 352 , 701A.2d492 (1997), cert. denied, 523 U.S. 1083 , 118 S.Ct. 1535 , 140 L.Ed.2d 685 (1998)). 18 Prior to charging the jury, counsel discussed some of the proposed instructions including the mental infirmity instruction. 2023Commonwealth v. Gibson, 553 Pa. 648, 665 , 720 A.2d 473, 481 (1998) (citing Commonwealth v. Hawkins, 549 Pa. 352 , 701A.2d492 (1997), cert. denied, 523 U.S. 1083 , 118 S.Ct. 1535 , 140 L.Ed.2d 685 (1998)). 18 Prior to charging the jury, counsel discussed some of the proposed instructions including the mental infirmity instruction. | 1 | 2023–2023 |
Commonwealth v. Hawkins
green
1 sentence2023Commonwealth v. Gibson, 553 Pa. 648, 665 , 720 A.2d 473, 481 (1998) (citing Commonwealth v. Hawkins, 549 Pa. 352 , 701A.2d492 (1997), cert. denied, 523 U.S. 1083 , 118 S.Ct. 1535 , 140 L.Ed.2d 685 (1998)). 18 Prior to charging the jury, counsel discussed some of the proposed instructions including the mental infirmity instruction. | 1 | 2023–2023 |
Jackson v. Walker
green
1 sentence2023Commonwealth v. Gibson, 553 Pa. 648, 665 , 720 A.2d 473, 481 (1998) (citing Commonwealth v. Hawkins, 549 Pa. 352 , 701A.2d492 (1997), cert. denied, 523 U.S. 1083 , 118 S.Ct. 1535 , 140 L.Ed.2d 685 (1998)). 18 Prior to charging the jury, counsel discussed some of the proposed instructions including the mental infirmity instruction. | 1 | 2023–2023 |
Tapia v. Henigman
green
1 sentence2023Commonwealth v. Gibson, 553 Pa. 648, 665 , 720 A.2d 473, 481 (1998) (citing Commonwealth v. Hawkins, 549 Pa. 352 , 701A.2d492 (1997), cert. denied, 523 U.S. 1083 , 118 S.Ct. 1535 , 140 L.Ed.2d 685 (1998)). 18 Prior to charging the jury, counsel discussed some of the proposed instructions including the mental infirmity instruction. | 1 | 2023–2023 |
DeBlase v. Roth
green
1 sentence2023Commonwealth v. Gibson, 553 Pa. 648, 665 , 720 A.2d 473, 481 (1998) (citing Commonwealth v. Hawkins, 549 Pa. 352 , 701A.2d492 (1997), cert. denied, 523 U.S. 1083 , 118 S.Ct. 1535 , 140 L.Ed.2d 685 (1998)). 18 Prior to charging the jury, counsel discussed some of the proposed instructions including the mental infirmity instruction. | 1 | 2023–2023 |
Barry Gibbs v. Frederick K. Frank District Attorney of Pike County Attorney General of Pennsylvania
green
1 sentence2012Appellant argues the applicability of the Third Circuit Court of Appeals decision in Gibbs v. Frank, supra. Subsequent to his evaluation by a self-sought court-appointed psychiatrist “to explore the possibility of raising a mental infirmity defense,” Gibbs notified the Commonwealth that he in fact intended to raise a mental infirmity defense at trial. | 1 | 2012–2012 |
Commonwealth v. Sartin
green
2 sentences2009Id., at 528 , 751 A.2d at 1143 . ¶ 13 Unlike the case in Sartin , the psychiatric evidence presented by Appellant in his first trial was to support a mental infirmity defense, ie., to cast doubt upon his guilt. 2009Id., at 528 , 751 A.2d at 1143 . ¶ 13 Unlike the case in Sartin , the psychiatric evidence presented by Appellant in his first trial was to support a mental infirmity defense, ie., to cast doubt upon his guilt. | 1 | 2009–2009 |
Estelle v. Smith
green
2 sentences2005Relying on Estelle v. Smith, 451 U.S. 454 , 101 S.Ct. 1866 , 68 L.Ed.2d 359 (1981), appellant reasons that the doctor’s testimony violated the Fifth and Sixth Amendments of the United States Constitution. 13 The Commonwealth responds that appellant waived his right to be free from self-incrimination because he raised a mental infirmity defense at trial. 2005Relying on Estelle v. Smith, 451 U.S. 454 , 101 S.Ct. 1866 , 68 L.Ed.2d 359 (1981), appellant reasons that the doctor’s testimony violated the Fifth and Sixth Amendments of the United States Constitution. 13 The Commonwealth responds that appellant waived his right to be free from self-incrimination because he raised a mental infirmity defense at trial. | 1 | 2005–2005 |
Powell v. Texas
green
2 sentences1996The Court’s most recent case addressing court-ordered psychiatric examinations of a defendant who has raised a mental infirmity defense is Powell v. Texas, 492 U.S. 680 , 109 S.Ct. 3146 , 106 L.Ed.2d 551 (1989). 1996The Court’s most recent case addressing court-ordered psychiatric examinations of a defendant who has raised a mental infirmity defense is Powell v. Texas, 492 U.S. 680 , 109 S.Ct. 3146 , 106 L.Ed.2d 551 (1989). | 1 | 1996–1996 |
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.