9 Pennsylvania opinions name it 3 courts 2001–2024 5 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 |
|---|---|---|
Waller v. Georgiagreen2 sentences2024“The violation of the right to a public trial constitutes a structural defect, a specific type of constitutional error warranting a new trial without any showing of prejudice.” Id. at 103 (citation omitted). 2023“The violation of the right to a public trial constitutes a structural defect, a specific type of constitutional error warranting a new trial without any showing of prejudice.” Id. at 103 (citation omitted). | 3 | 3 |
Commonwealth v. Sanduskygreen2 sentences2019See Commonwealth v. Sandusky , 77 A.3d 663 , 671 (Pa. Super. 2013) ("Structural defects defy analysis by harmless-error standards because they affect the framework within which the trial proceeds, and are not simply an error in the trial process itself.") (quotation marks and citation omitted). 2015See Commonwealth v. -4- J-S48003-15 Sandusky, 77 A.3d 663, 671 (Pa. Super. 2013). | 2 | 2 |
Greer v. United Statesgreen1 sentence2024Cf. Fulminante; Greer, 141 S. Ct. at 2100 (structural errors affect the entire conduct of a trial from beginning to end). | 1 | 1 |
Weaver v. Massachusettsgreen1 sentence2023Id. at 103 (“The violation of the right to a public trial constitutes a structural defect, a specific type of constitutional error warranting a new trial without any showing of prejudice.”); see also Weaver v. Massachusetts, --- U.S. ----, 137 S. Ct. 1899, 1910 (2017) (“The public- trial right also protects some interests that do not belong to the defendant. - 30 - J-A24008-22 After all, the right to an open courtroom protects the rights of the public at large, and the press, as well as the rights of the accused.”). | 1 | 1 |
Commonwealth v. Jordangreen1 sentence2023Id. at 103 (“The violation of the right to a public trial constitutes a structural defect, a specific type of constitutional error warranting a new trial without any showing of prejudice.”); see also Weaver v. Massachusetts, --- U.S. ----, 137 S. Ct. 1899, 1910 (2017) (“The public- trial right also protects some interests that do not belong to the defendant. - 30 - J-A24008-22 After all, the right to an open courtroom protects the rights of the public at large, and the press, as well as the rights of the accused.”). | 1 | 1 |
Commonwealth v. Browngreen1 sentence2016Commonwealth v. Brown, 26 A.3d 485, 493 (Pa. Super. 2011). | 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. Isabell
green
2 sentences2001Because the practical effect of a parole denial is the continuation of the prisoner's incarceration, a petition for a writ of habeas corpus would seem to be the logical and appropriate manner to raise a viable constitutional claim stemming from the Parole Board's decision. [3] In Commonwealth v. Isabell, *292 503 Pa. 2 , 467 A.2d 1287 (1983), this Court recognized as much. 2001Because the practical effect of a parole denial is the continuation of the prisoner's incarceration, a petition for a writ of habeas corpus would seem to be the logical and appropriate manner to raise a viable constitutional claim stemming from the Parole Board's decision. [3] In Commonwealth v. Isabell, *292 503 Pa. 2 , 467 A.2d 1287 (1983), this Court recognized as much. | 1 | 2001–2001 |
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.