federal harmless error (Pennsylvania) · Go Syfert
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federal harmless error in Pennsylvania

8 Pennsylvania opinions name it 2 courts 1978–2024 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.

Followed or applied (5)

CaseFollowedCited
Chapman v. Californiared
scotus · 1967 · cited in 5 Pennsylvania opinions naming this issue, 1978–2018
2 sentences

2018This Court has long held "[w]here a trial error violates the federal constitution, this Court, at a minimum, must employ the federal harmless error rule." Commonwealth v. Story , 476 Pa. 391 , 383 A.2d 155 , 162 (1978), citing Chapman v. California , 386 U.S. 18 , 21, 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

2018This Court has long held "[w]here a trial error violates the federal constitution, this Court, at a minimum, must employ the federal harmless error rule." Commonwealth v. Story , 476 Pa. 391 , 383 A.2d 155 , 162 (1978), citing Chapman v. California , 386 U.S. 18 , 21, 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

45
Commonwealth v. Storygreen
pa · 1978 · cited in 3 Pennsylvania opinions naming this issue, 1997–2024
2 sentences

2024Commonwealth v. Story, 383 A.2d 155, 162 (Pa. 1978) (“Where a trial error violates the federal constitution, this Court, at a minimum, must employ the federal harmless error rule.” (emphasis added)); cf. Connecticut v. Johnson, 460 U.S. 73 , 81 n.9 (1983) (plurality) (“This Court held in Chapman that whether a federal constitutional error can be harmless is a federal question . . . .

2018This Court has long held "[w]here a trial error violates the federal constitution, this Court, at a minimum, must employ the federal harmless error rule." Commonwealth v. Story , 476 Pa. 391 , 383 A.2d 155 , 162 (1978), citing Chapman v. California , 386 U.S. 18 , 21, 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

23
Connecticut v. Johnsongreen
scotus · 1983 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024State courts, of course, are free to interpret their own constitutions and laws to permit fewer applications of the harmless error rule than does the Federal Constitution.” (citation omitted)); id. at 88 (Stevens, J. concurring) (“[F]ederal law does not require a state appellate court to make a harmless error determination; it merely permits the state court to do so in appropriate cases.

2024Commonwealth v. Story, 383 A.2d 155, 162 (Pa. 1978) (“Where a trial error violates the federal constitution, this Court, at a minimum, must employ the federal harmless error rule.” (emphasis added)); cf. Connecticut v. Johnson, 460 U.S. 73 , 81 n.9 (1983) (plurality) (“This Court held in Chapman that whether a federal constitutional error can be harmless is a federal question . . . .

11
Davis v. Washingtongreen
scotus · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Moreover, it is clear that the at-issue statements here were testimonial in nature, as they were given to police in the course of a criminal investigation where the primary purpose of the questioning was to “establish or prove past events potentially relevant to later criminal prosecution[,]” rather than enabling police to “meet an ongoing emergency.” Davis v. Washington, 547 U.S. 813, 822 (2006). - 21 - J-S74011-19 Nevertheless, even Crawford violations are subject to the federal harmless error rule.

11
Commonwealth v. Browngreen
pa · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Commonwealth v. Brown, 185 A.3d 316, 330 (Pa. 2018).

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 (1)

CaseCitedYears
Vincent Wilkerson v. Superintendent Fayette SCI green
ca3 · 2017
1 sentence

2024Id. at 16. ____________________________________________ 12 Indeed, the Commonwealth points to Wilkerson v. Superintendent Fayette SCI, 871 F.3d 221 (3d Cir. 2017), a case involving habeas corpus review of a Pennsylvania conviction, to demonstrate that Johnson and Barnes are at odds with the federal courts on a matter of federal law: Had the jury been asked, it is inconceivable that it would not have made the requisite finding of serious bodily injury for Wilkerson to receive an enhanced sentence.

12024–2024

Where else courts name it

CA 38 (1967–2026) KS 21 (1969–2021) OR 20 (1983–2025) TX 17 (1987–2021) LA 14 (1969–1989) PA 8 (1978–2024) IN 8 (1975–2005) WI 6 (1977–2018) WA 4 (2002–2008) MT 4 (1989–2001) MI 4 (1994–2021) ID 4 (1986–2010) FL 3 (1998–2025) TN 2 (1999–2000) RI 2 (1973–1980) OH 2 (1968–1987) VT 2 (1985–1989) ME 2 (2024–2025)

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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