Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 Pennsylvania opinions name it 4 courts 1967–2026 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.
| Case | Followed | Cited |
|---|---|---|
McKune v. Lilegreen2 sentences2016Wilson’s choice to remain silent “is marked less by compulsion than by choices the Court has held give no rise to a self- incrimination claim.” McKune, 536 U.S. at 41 [.] “[T]he government need not make the exercise of the Fifth Amendment privilege cost free.” Id. 18 See also Section 91.2 of the Department’s regulations, 37 Pa. Code §91.2 (“It is the goal of the Department to operate its institutions and programs to provide protection to the community, a safe and humane environment and opportunities for rehabilitation for the inmates.”); Department Policy 7.2.1, Section 4(a)(1) (“Correctional 2016Wilson’s choice to remain silent “is marked less by compulsion than by choices the Court has held give no rise to a self- incrimination claim.” McKune, 536 U.S. at 41 [.] “[T]he government need not make the exercise of the Fifth Amendment privilege cost free.” Id. 18 See also Section 91.2 of the Department’s regulations, 37 Pa. Code §91.2 (“It is the goal of the Department to operate its institutions and programs to provide protection to the community, a safe and humane environment and opportunities for rehabilitation for the inmates.”); Department Policy 7.2.1, Section 4(a)(1) (“Correctional | 1 | 2 |
Dickerson v. United Statesred2 sentences2021See generally Dickerson v. U.S., 530 U.S. 428, 433-34 , 120 S. Ct. 2326, 2330-31 (2000) (discussing the due-process-related background pertaining to the voluntariness of confessions, and the incorporation of the Fifth Amendment’s self-incrimination clause). 2021See generally Dickerson v. U.S., 530 U.S. 428, 433-34 , 120 S. Ct. 2326, 2330-31 (2000) (discussing the due-process-related background pertaining to the voluntariness of confessions, and the incorporation of the Fifth Amendment’s self-incrimination clause). | 1 | 1 |
Commonwealth v. Morleygreen2 sentences2000See Morley, 681 A.2d at 1257 (in all instances other than the protedion given by the Pennsylvania Constitution to reputation, the provision in Article I, § 9 against self-incrimination tracks its federal counterpart) (citations omitted). . 2000See Morley, 681 A.2d at 1257 (in all instances other than the protection given by the Pennsylvania Constitution to reputation, the provision in Article I, § 9 against self-incrimination tracks its federal counterpart) (citations omitted). [6] The issue of how to treat the results of the independent psychiatric examination is inter-wined with the issue of whether the examination may be conducted. [1] As appellant has not raised a claim under the Sixth Amendment, the Majority presumably relies on the district court opinion only with regard to the Fifth Amendment reasoning. [2] As the Majority no | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Patane
green
1 sentence2026It first reasoned that “Miranda and the Self-Incrimination clause do not pertain to ‘nontestimonial evidence [that was] obtained as a result of voluntary statements.’” Trial Court Opinion, 3/21/25, at 8 (emphasis added) (quoting U.S. v. Patane, 542 U.S. 630 (2004)). | 1 | 2026–2026 |
Wilson v. Commonwealth Board of Probation & Parole
green
1 sentence2016But the fact of a valid conviction and the ensuing 16 Saunders specifically alleges atypical and significant hardship “including [the] loss of [the] right to receive non-contact visits, the possibility of being placed in disciplinary custody for [90] days, ineligibility for parole, and assignment of a ‘high risk’ custody level, which mandates that [he] change cells every 90 days.” Petition for Review at ¶34. 17 As this Court noted, “Although Wilson was not convicted of a sex offense (charges of corruption of a minor were withdrawn), prison staff explained to Wilson that he was recommended for | 1 | 2016–2016 |
Commonwealth v. Sartin
green
2 sentences2000The equivalent provision of the Pennsylvania Constitution, Article 1, Section 9, "tracks the Fifth Amendment in the context of the self-incrimination clause,” Commonwealth v. Sartin, 561 Pa. 522, 526 , 751 A.2d 1140 , 1142 n. 5 (2000). . 2000The equivalent provision of the Pennsylvania Constitution, Article 1, Section 9, "tracks the Fifth Amendment in the context of the self-incrimination clause,” Commonwealth v. Sartin, 561 Pa. 522, 526 , 751 A.2d 1140 , 1142 n. 5 (2000). . | 1 | 2000–2000 |
People v. Dennis
green
2 sentences1999Thus, the court reasoned that to require a defendant to demonstrate prior counsel's ineffectiveness on the record was to risk imposing on the defendant "a compulsive sanction against the exercise of the self incrimination privilege." Id. at 874 , 223 Cal.Rptr. at 243-44 . 1999Thus, the court reasoned that to require a defendant to demonstrate prior counsel's ineffectiveness on the record was to risk imposing on the defendant "a compulsive sanction against the exercise of the self incrimination privilege." Id. at 874 , 223 Cal.Rptr. at 243-44 . | 1 | 1999–1999 |
McMann v. Richardson
green
2 sentences1977In this sort of a situation, Mr. Justice White, one of the three dissenters in Harrison, delivered the opinion of the United States Supreme Court, which, three years after Harrison in McMann v. Richardson, 397 U.S. 759, 770 , 90 S. Ct. 1441 , 25 L.Ed. 2d 763 (1970), viewed the problem differently: “In our view a defendant’s plea of guilty based on reasonably competent advice is an intelligent plea not open to attack on the grounds that counsel may have misjudged the admissibility of the defendant’s confession. 1977In this sort of a situation, Mr. Justice White, one of the three dissenters in Harrison, delivered the opinion of the United States Supreme Court, which, three years after Harrison in McMann v. Richardson, 397 U.S. 759, 770 , 90 S. Ct. 1441 , 25 L.Ed. 2d 763 (1970), viewed the problem differently: “In our view a defendant’s plea of guilty based on reasonably competent advice is an intelligent plea not open to attack on the grounds that counsel may have misjudged the admissibility of the defendant’s confession. | 1 | 1977–1977 |
Chandler v. Manifold
green
1 sentence1967Cir. 1933), cert. denied, 290 U.S. 665 (1933). [4] It is noteworthy that the Pennsylvania Constitutional analogue to the self-incrimination clause of the Fifth Amendment to the United States Constitution (Pa. Const. Art. | 1 | 1967–1967 |
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.