Escobedo warning (Pennsylvania) · Go Syfert
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Escobedo warning in Pennsylvania

8 Pennsylvania opinions name it 1 courts 1965–1968 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 (5)

CaseFollowedCited
Commonwealth v. Padgettgreen
pa · 1968 · cited in 2 Pennsylvania opinions naming this issue, 1968–1968
2 sentences

1968See, e.g., Davis v. North Carolina, 384 U.S. 737 , 86 S. Ct. 1761 (1966); cf. Commonwealth v. Padgett, 428 Pa. 229, 238 , 237 A. 2d 209, 214 (1968).

1968See, e.g., Davis v. North Carolina, 384 U.S. 737 , 86 S. Ct. 1761 (1966); cf. Commonwealth v. Padgett, 428 Pa. 229, 238 , 237 A. 2d 209, 214 (1968).

22
Commonwealth v. Negrigreen
pa · 1965 · cited in 2 Pennsylvania opinions naming this issue, 1966–1966
2 sentences

1966While it is true that Escobedo was decided on June 22, 1964, almost three years after appellant's trial, appellant's conviction was not then "final" as we defined that word in Commonwealth v. Negri, 419 Pa. 117, 128-29 , 213 A. 2d 670, 675-76 (1965), and thus under Negri appellant would have been entitled to raise an Escobedo claim.

1966While it is true that Escobedo was decided on June 22, 1964, almost three years after appellant's trial, appellant's conviction was not then "final" as we defined that word in Commonwealth v. Negri, 419 Pa. 117, 128-29 , 213 A. 2d 670, 675-76 (1965), and thus under Negri appellant would have been entitled to raise an Escobedo claim.

22
United States v. Bayergreen
scotus · 1947 · cited in 1 Pennsylvania opinions naming this issue, 1968–1968
2 sentences

1968Mr. Justice Jackson, writing for the Supreme Court in United States v. Bayer, 331 U.S. 532, 540 , 67 S. Ct. 1394, 1398 (1947), aptly centers upon the position of the accused in such circumstances: “[Ajfter an accused has once let the cat out of the bag by confessing, no matter what the inducement, he is never thereafter free of the psychological and practical disadvantages of having confessed.

1968Mr. Justice Jackson, writing for the Supreme Court in United States v. Bayer, 331 U.S. 532, 540 , 67 S. Ct. 1394, 1398 (1947), aptly centers upon the position of the accused in such circumstances: “[Ajfter an accused has once let the cat out of the bag by confessing, no matter what the inducement, he is never thereafter free of the psychological and practical disadvantages of having confessed.

11
Davis v. North Carolinagreen
scotus · 1966 · cited in 1 Pennsylvania opinions naming this issue, 1968–1968
2 sentences

1968See, e.g., Davis v. North Carolina, 384 U.S. 737 , 86 S. Ct. 1761 (1966); cf. Commonwealth v. Padgett, 428 Pa. 229, 238 , 237 A. 2d 209, 214 (1968).

1968See, e.g., Davis v. North Carolina, 384 U.S. 737 , 86 S. Ct. 1761 (1966); cf. Commonwealth v. Padgett, 428 Pa. 229, 238 , 237 A. 2d 209, 214 (1968).

11
People v. Jacksongreen
cal · 1967 · cited in 1 Pennsylvania opinions naming this issue, 1968–1968
2 sentences

1968See People v. Jackson, 67 Cal. 2d 96 , 429 P. 2d 600 , 60 Cal. Rptr. 248 (1967) (Escobedo claim) ; People v. Doherty, 67 Cal. 2d 9 , 429 P. 2d 177 , 59 Cal. Rptr. 857 (1967) (Miranda claim) ; People v. Powell, 67 Cal. 2d 82 , 429 P. 2d 137 , 59 Cal. Rptr. 817 (1967) (Escobedo claim). 10 United States v. Wade, supra at 227, 87 S. Ct. at 1932: “The presence of counsel at such critical confrontations, as at the trial itself, operates to assure that the accused’s interests will be protected consistently with our adversary theory of criminal prosecution.” Compare Escobedo v. Illinois, supra at 492,

1968See People v. Jackson, 67 Cal. 2d 96 , 429 P. 2d 600 , 60 Cal. Rptr. 248 (1967) (Escobedo claim) ; People v. Doherty, 67 Cal. 2d 9 , 429 P. 2d 177 , 59 Cal. Rptr. 857 (1967) (Miranda claim) ; People v. Powell, 67 Cal. 2d 82 , 429 P. 2d 137 , 59 Cal. Rptr. 817 (1967) (Escobedo claim). 10 United States v. Wade, supra at 227, 87 S. Ct. at 1932: “The presence of counsel at such critical confrontations, as at the trial itself, operates to assure that the accused’s interests will be protected consistently with our adversary theory of criminal prosecution.” Compare Escobedo v. Illinois, supra at 492,

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 (9)

CaseCitedYears
Commonwealth v. Cheeks green
pa · 1966
2 sentences

1966Commonwealth v. Cheeks, 423 Pa. 67 , 223 A. 2d 291 (1966).

1966Commonwealth v. Cheeks, 423 Pa. 67 , 223 A. 2d 291 (1966).

21966–1966
People v. Doherty green
cal · 1967
2 sentences

1968See People v. Jackson, 67 Cal. 2d 96 , 429 P. 2d 600 , 60 Cal. Rptr. 248 (1967) (Escobedo claim) ; People v. Doherty, 67 Cal. 2d 9 , 429 P. 2d 177 , 59 Cal. Rptr. 857 (1967) (Miranda claim) ; People v. Powell, 67 Cal. 2d 82 , 429 P. 2d 137 , 59 Cal. Rptr. 817 (1967) (Escobedo claim). 10 United States v. Wade, supra at 227, 87 S. Ct. at 1932: “The presence of counsel at such critical confrontations, as at the trial itself, operates to assure that the accused’s interests will be protected consistently with our adversary theory of criminal prosecution.” Compare Escobedo v. Illinois, supra at 492,

1968See People v. Jackson, 67 Cal. 2d 96 , 429 P. 2d 600 , 60 Cal. Rptr. 248 (1967) (Escobedo claim) ; People v. Doherty, 67 Cal. 2d 9 , 429 P. 2d 177 , 59 Cal. Rptr. 857 (1967) (Miranda claim) ; People v. Powell, 67 Cal. 2d 82 , 429 P. 2d 137 , 59 Cal. Rptr. 817 (1967) (Escobedo claim). 10 United States v. Wade, supra at 227, 87 S. Ct. at 1932: “The presence of counsel at such critical confrontations, as at the trial itself, operates to assure that the accused’s interests will be protected consistently with our adversary theory of criminal prosecution.” Compare Escobedo v. Illinois, supra at 492,

11968–1968
People v. Powell green
cal · 1967
2 sentences

1968See People v. Jackson, 67 Cal. 2d 96 , 429 P. 2d 600 , 60 Cal. Rptr. 248 (1967) (Escobedo claim) ; People v. Doherty, 67 Cal. 2d 9 , 429 P. 2d 177 , 59 Cal. Rptr. 857 (1967) (Miranda claim) ; People v. Powell, 67 Cal. 2d 82 , 429 P. 2d 137 , 59 Cal. Rptr. 817 (1967) (Escobedo claim). 10 United States v. Wade, supra at 227, 87 S. Ct. at 1932: “The presence of counsel at such critical confrontations, as at the trial itself, operates to assure that the accused’s interests will be protected consistently with our adversary theory of criminal prosecution.” Compare Escobedo v. Illinois, supra at 492,

1968See People v. Jackson, 67 Cal. 2d 96 , 429 P. 2d 600 , 60 Cal. Rptr. 248 (1967) (Escobedo claim) ; People v. Doherty, 67 Cal. 2d 9 , 429 P. 2d 177 , 59 Cal. Rptr. 857 (1967) (Miranda claim) ; People v. Powell, 67 Cal. 2d 82 , 429 P. 2d 137 , 59 Cal. Rptr. 817 (1967) (Escobedo claim). 10 United States v. Wade, supra at 227, 87 S. Ct. at 1932: “The presence of counsel at such critical confrontations, as at the trial itself, operates to assure that the accused’s interests will be protected consistently with our adversary theory of criminal prosecution.” Compare Escobedo v. Illinois, supra at 492,

11968–1968
Johnson v. New Jersey green
scotus · 1966
2 sentences

1968Except for the absence of Miranda and Escobedo warnings, an infirmity which, by itself, could not support an involuntariness claim, see Johnson v. New Jersey, 384 U.S. 719 , 86 S. Ct. 1772 (1966), the only other possible irregularity present in Baity’s interrogation was the so-called “trick.” The Supreme Court of the United States has spoken infrequently in the area of trick confessions, but those few cases which do appear indicate that the law in this area does not conflict with our own Pennsylvania decisions.

1968Except for the absence of Miranda and Escobedo warnings, an infirmity which, by itself, could not support an involuntariness claim, see Johnson v. New Jersey, 384 U.S. 719 , 86 S. Ct. 1772 (1966), the only other possible irregularity present in Baity’s interrogation was the so-called “trick.” The Supreme Court of the United States has spoken infrequently in the area of trick confessions, but those few cases which do appear indicate that the law in this area does not conflict with our own Pennsylvania decisions.

11968–1968
Escobedo v. Illinois green
scotus · 1964
1 sentence

1968See People v. Jackson, 67 Cal. 2d 96 , 429 P. 2d 600 , 60 Cal. Rptr. 248 (1967) (Escobedo claim) ; People v. Doherty, 67 Cal. 2d 9 , 429 P. 2d 177 , 59 Cal. Rptr. 857 (1967) (Miranda claim) ; People v. Powell, 67 Cal. 2d 82 , 429 P. 2d 137 , 59 Cal. Rptr. 817 (1967) (Escobedo claim). 10 United States v. Wade, supra at 227, 87 S. Ct. at 1932: “The presence of counsel at such critical confrontations, as at the trial itself, operates to assure that the accused’s interests will be protected consistently with our adversary theory of criminal prosecution.” Compare Escobedo v. Illinois, supra at 492,

11968–1968
Commonwealth v. Schmidt green
pa · 1966
2 sentences

1968In Johnson v. New Jersey, the Court said (pages 733-734) : “Apart from its broad implications, the precise holding of Escobedo was that statements elicited by the police during an interrogation may not be used against the accused at a criminal trial, ‘[where] the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements, the suspect has requested and been denied an opportunity to consul

1968In Johnson v. New Jersey, the Court said (pages 733-734) : “Apart from its broad implications, the precise holding of Escobedo was that statements elicited by the police during an interrogation may not be used against the accused at a criminal trial, ‘[where] the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements, the suspect has requested and been denied an opportunity to consul

11968–1968
Chester Nelson v. People of the State of California, Robert A. Heinze, Warden green
ca9 · 1965
1 sentence

1965With the holding of Mendes , compare the holding-in Nelson v. California, 346 F. 2d 73 (9th Cir. 1965) (counsel’s failure to object to introduction of confession waives Escobedo claim even though accused disagreed at trial with strategy of counsel).

11965–1965
United States of America Ex Rel. Oscar Walden, Jr. v. Frank J. Pate, Warden, Illinois State Penitentiary, Joliet Branch green
ca7 · 1965
2 sentences

1965Walden v. Pate, 350 F. 2d 240 (1965), is concededly explicit in holding that the Escobedo rule is not to be applied retrospectively.

1965Walden v. Pate, 350 F. 2d 240 (1965), is concededly explicit in holding that the Escobedo rule is not to be applied retrospectively.

11965–1965
Linkletter v. Walker red
scotus · 1965
2 sentences

1965Believing that the basic function of the ruling in Escobedo is “to provide adequate assurance of police adherence to the constitutional principles inherent in due process,” 3 and analogizing this ease to Linkletter v. Walker, 381 U.S. 618 , 85 S. Ct. 1731 (1965), a majority of this Court concludes that no useful purpose would be served by applying the Escobedo principle to cases other than non-final judgments. 4 The Escobedo principle may indeed act as a protecting deterrent against excesses in interrogations.

1965Believing that the basic function of the ruling in Escobedo is “to provide adequate assurance of police adherence to the constitutional principles inherent in due process,” 3 and analogizing this ease to Linkletter v. Walker, 381 U.S. 618 , 85 S. Ct. 1731 (1965), a majority of this Court concludes that no useful purpose would be served by applying the Escobedo principle to cases other than non-final judgments. 4 The Escobedo principle may indeed act as a protecting deterrent against excesses in interrogations.

11965–1965

Where else courts name it

CA 10 (1965–2023) PA 8 (1965–1968) CO 5 (1966–1971) TX 4 (1965–2018) IL 4 (1967–1970) WA 3 (1967–1976) RI 3 (1969–1973) OR 3 (1966–2015) OK 3 (1971–1974) NJ 2 (1965–1967) LA 2 (1974–1977) MI 2 (1967–2016) OH 2 (1967–1972) AL 2 (1965–1966) DE 2 (1966–1966)

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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