missing witness adverse inference rule (Pennsylvania) · Go Syfert
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missing witness adverse inference rule in Pennsylvania

10 Pennsylvania opinions name it 2 courts 1999–2026 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.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Manigaultgreen
pa · 1983 · cited in 5 Pennsylvania opinions naming this issue, 1999–2018
2 sentences

2018Commonwealth v. Manigault, 462 A.2d 239, 241 (Pa. 1983) (quotations, citations and emphasis omitted).

2017Commonwealth v. Manigault, 501 Pa. 506, 510-11 , 462 A.2d 239, 241 (1983)(quotations, citations and emphasis omitted).

55
Commonwealth v. Boylegreen
pasuperct · 1999 · cited in 3 Pennsylvania opinions naming this issue, 2017–2022
2 sentences

2022Commonwealth v. Boyle, 733 A.2d 633, 638 (Pa. Super. 1999). - 22 - J-S36033-20 Crumbley and the Commonwealth.

2022Commonwealth v. Boyle, 733 A.2d 633 , 638 (Pa. Super. 1999). - 22 - J-S36033-20 Crumbley and the Commonwealth.

33
Commonwealth v. Millergreen
pasuperct · 2017 · cited in 2 Pennsylvania opinions naming this issue, 2021–2026
2 sentences

2026See Commonwealth v. Miller, 172 A.3d 632, 646 (Pa. Super. 2017); see also id. (setting forth the missing witness adverse inference rule as follows: “When a potential witness is available to only one of the parties to a trial, [] it appears this witness has special information material to the issue, and this person's testimony would not merely be cumulative, then if such party does not produce the testimony of this witness, the jury may draw an inference that it would have been unfavorable”).

2026See Commonwealth v. Miller, 172 A.3d 632, 646 (Pa. Super. 2017); see also id. (setting forth the missing witness adverse inference rule as follows: “When a potential witness is available to only one of the parties to a trial, [] it appears this witness has special information material to the issue, and this person's testimony would not merely be cumulative, then if such party does not produce the testimony of this witness, the jury may draw an inference that it would have been unfavorable”).

12
Commonwealth v. Pressleygreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Commonwealth v. Boyle, 733 A.2d 633, 638 (Pa. Super. 1999). - 22 - J-A07034-17 from the charge may be assigned as error, unless specific objections are made thereto before the jury retires to deliberate.” See also Commonwealth v. Pressley, 887 A.2d 220, 224 (Pa. 2005) (holding that “[t]he pertinent rules [of Criminal Procedure] … require a specific objection to the charge or an exception to the trial court’s ruling on a proposed point to preserve an issue involving a jury instruction”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

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