claimed due process violation (Pennsylvania) · Go Syfert
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claimed due process violation in Pennsylvania

9 Pennsylvania opinions name it 2 courts 1980–2019 0 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 (6)

CaseFollowedCited
Commonwealth v. Poundsgreen
pa · 1980 · cited in 5 Pennsylvania opinions naming this issue, 1982–2008
2 sentences

2008On further review, our supreme court agreed that Barker provided the appropriate framework for analyzing whether West was entitled to relief based on a claim his right to due process was violated: “‘the same considerations applicable in the context of a speedy trial claim are applicable to a claimed due process violation based on delays in proceedings.’ ” Id. at 500, 938 A.2d at 1045 , quoting Glass, supra at 338 , 586 A.2d at 373 , in turn quoting Commonwealth v. Pounds, 490 Pa. 621, 630 , 417 A.2d 597, 601 (1980).

2008On further review, our supreme court agreed that Barker provided the appropriate framework for analyzing whether West was entitled to relief based on a claim his right to due process was violated: “‘the same considerations applicable in the context of a speedy trial claim are applicable to a claimed due process violation based on delays in proceedings.’ ” Id. at 500, 938 A.2d at 1045 , quoting Glass, supra at 338 , 586 A.2d at 373 , in turn quoting Commonwealth v. Pounds, 490 Pa. 621, 630 , 417 A.2d 597, 601 (1980).

25
Commonwealth v. Glassgreen
pa · 1991 · cited in 3 Pennsylvania opinions naming this issue, 1993–2008
2 sentences

2008On further review, our supreme court agreed that Barker provided the appropriate framework for analyzing whether West was entitled to relief based on a claim his right to due process was violated: “‘the same considerations applicable in the context of a speedy trial claim are applicable to a claimed due process violation based on delays in proceedings.’ ” Id. at 500, 938 A.2d at 1045 , quoting Glass, supra at 338 , 586 A.2d at 373 , in turn quoting Commonwealth v. Pounds, 490 Pa. 621, 630 , 417 A.2d 597, 601 (1980).

2008On further review, our supreme court agreed that Barker provided the appropriate framework for analyzing whether West was entitled to relief based on a claim his right to due process was violated: “‘the same considerations applicable in the context of a speedy trial claim are applicable to a claimed due process violation based on delays in proceedings.’ ” Id. at 500, 938 A.2d at 1045 , quoting Glass, supra at 338 , 586 A.2d at 373 , in turn quoting Commonwealth v. Pounds, 490 Pa. 621, 630 , 417 A.2d 597, 601 (1980).

23
Lower Frederick Township v. Clemmergreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Universal Builders Supply, Inc. v. Shaler Highlands Corp., 175 A.2d 58, 60 (Pa. 1961) (no reversible error); Lower Frederick Twp. v. Clemmer, 543 A.2d 502, 513 (Pa. 1988) (cited as dicta in dissent.) Moreover, the over-arching claim to visitation rights advanced by Grandparents in this appeal rests on a demonstrably false premise.

11
Universal Builders Supply, Inc. v. Shaler Highlands Corp.green
pa · 1961 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Universal Builders Supply, Inc. v. Shaler Highlands Corp., 175 A.2d 58, 60 (Pa. 1961) (no reversible error); Lower Frederick Twp. v. Clemmer, 543 A.2d 502, 513 (Pa. 1988) (cited as dicta in dissent.) Moreover, the over-arching claim to visitation rights advanced by Grandparents in this appeal rests on a demonstrably false premise.

11
Commonwealth v. Lambertgreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016The Pennsylvania Supreme Court has stated that "there are three necessary components that demonstrate a violation of the Brady strictures: the evidence was favorable to the accused, either because it is exculpatory or it impeaches; the evidence was suppressed by the prosecution, either willfully or inadvertently; and prejudice ensued." Commonwealth v. Lambert, 884 A.2d 848, 854 (Pa. 2005).

11
United States v. William B. Campbellgreen
ca5 · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1980–1980
2 sentences

1980See United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976).

1980See United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Brady v. Maryland green
scotus · 1963
1 sentence

2016Defense counsel then moved for a mistrial "for lack of disclosure of evidence," which we interpreted as a claimed due process violation under Brady v. Maryland, 83 S.Ct. 1194 (1963).

12016–2016
Commonwealth v. West green
pa · 2007
1 sentence

2008On further review, our supreme court agreed that Barker provided the appropriate framework for analyzing whether West was entitled to relief based on a claim his right to due process was violated: “‘the same considerations applicable in the context of a speedy trial claim are applicable to a claimed due process violation based on delays in proceedings.’ ” Id. at 500, 938 A.2d at 1045 , quoting Glass, supra at 338 , 586 A.2d at 373 , in turn quoting Commonwealth v. Pounds, 490 Pa. 621, 630 , 417 A.2d 597, 601 (1980).

12008–2008
Commonwealth v. Blair green
pasuperct · 1997
2 sentences

2007While our Court has not had occasion to analyze a delay consistent with the facts of this case, which occurred post-sentence, the Superior Court did so in Commonwealth v. Blair, 699 A.2d 738 (Pa.Super.1997).

2007While our Court has not had occasion to analyze a delay consistent with the facts of this case, which occurred post-sentence, the Superior Court did so in Commonwealth v. Blair, 699 A.2d 738 (Pa.Super.1997).

12007–2007
Barker v. Wingo green
scotus · 1972
2 sentences

1993It is well-settled that the merits of appellant’s due process and speedy trial claim are to be assessed under the four factors delineated in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).

1993It is well-settled that the merits of appellant’s due process and speedy trial claim are to be assessed under the four factors delineated in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).

11993–1993

Where else courts name it

MI 24 (1982–2026) PA 9 (1980–2019) CT 5 (1986–2022) WA 5 (1997–2018) ME 5 (1974–2024) IL 4 (2012–2024) OR 4 (2008–2017) NM 3 (2013–2023) TN 2 (2010–2010) CA 2 (1990–2024) KS 2 (2013–2017)

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.

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