records waiver (Pennsylvania) · Go Syfert
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records waiver in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1955–2024 3 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 (2)

CaseFollowedCited
Commonwealth v. Simmonsgreen
pasuperct · 1998 · cited in 2 Pennsylvania opinions naming this issue, 2020–2021
2 sentences

2021M.M., 55 A.3d at 1174 (reversing trial court order for production of records because production was not limited to opinions, observations, and diagnoses); Commonwealth v. Simmons, 719 A.2d 336, 343-44 (Pa. Super. 1998) (holding trial court erred in requiring mental health provider to turn over its complete patient file to trial court for in camera privilege determination, and - 19 - J-S29033-21 vacating trial court order for production of complete file because some documents in file were subject to psychiatrist/psychologist-patient privilege).

2021M.M., 55 A.3d at 1174 (reversing trial court order for production of records because production was not limited to opinions, observations, and diagnoses); Commonwealth v. Simmons, 719 A.2d 336 , 343-44 (Pa. Super. 1998) (holding trial court erred in requiring mental health provider to turn over its complete patient file to trial court for in camera privilege determination, and - 19 - J-S29033-21 vacating trial court order for production of complete file because some documents in file were subject to psychiatrist/psychologist-patient privilege).

22
M.M. v. L.M.green
pasuperct · 2012 · cited in 2 Pennsylvania opinions naming this issue, 2020–2021
2 sentences

2021M.M., 55 A.3d at 1174 (reversing trial court order for production of records because production was not limited to opinions, observations, and diagnoses); Commonwealth v. Simmons, 719 A.2d 336, 343-44 (Pa. Super. 1998) (holding trial court erred in requiring mental health provider to turn over its complete patient file to trial court for in camera privilege determination, and - 19 - J-S29033-21 vacating trial court order for production of complete file because some documents in file were subject to psychiatrist/psychologist-patient privilege).

2021M.M., 55 A.3d at 1174 (reversing trial court order for production of records because production was not limited to opinions, observations, and diagnoses); Commonwealth v. Simmons, 719 A.2d 336 , 343-44 (Pa. Super. 1998) (holding trial court erred in requiring mental health provider to turn over its complete patient file to trial court for in camera privilege determination, and - 19 - J-S29033-21 vacating trial court order for production of complete file because some documents in file were subject to psychiatrist/psychologist-patient privilege).

22

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 (6)

CaseCitedYears
Office of the District Attorney of Philadelphia v. Bagwell green
pacommwct · 2017
1 sentence

2024We also find that the affidavits submitted by the OAG were sufficient to establish that the OAG 13 In Bagwell, the Commonwealth Court found that the District Attorney: (1) based its denial on the identity of the requester and the presumed intended use of the records in violation of Section 302 of the RTKL; (2) failed to cite any legal authority in support of its reasons for denial in violation of Section 903 of the RTKL; (3) did not make a good faith search for the requested records in violation of Section 901 of the RTKL; and (4) misrepresented binding precedent and the state of the law throu

12024–2024
Pennsylvania State System of Higher Education v. Association of State College & University Faculties green
· 2016
1 sentence

2024Therefore, we remand with instructions that the OOR provide the Governor’s Office reasonable time to identify the records and claim applicable exemptions. __________________________________________ RENÉE COHN JUBELIRER, President Judge 20 Because our resolution of the PASSHE issue itself is dispositive and independently requires vacatur and remand, we will not address the second issue the Governor’s Office raised on appeal. 22 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Pennsylvania Office of the Governor, : Petitioner : : v. : No. 363 C.D. 2022 : Beth Brelje (Office of Open : Records), : Respon

12024–2024
Commonwealth v. Bazemore green
pa · 1992
2 sentences

2017PCRA Court’s Opinion, filed 7/15/16, at 14-15. -6- J-S04037-16 opportunity to cross-examine Clyburn at the preliminary hearing, thus rendering her preliminary hearing testimony inadmissible at trial under Commonwealth v. Bazemore, 531 Pa. 582 , 614 A.2d 684 (1992).

2017PCRA Court’s Opinion, filed 7/15/16, at 14-15. -6- J-S04037-16 opportunity to cross-examine Clyburn at the preliminary hearing, thus rendering her preliminary hearing testimony inadmissible at trial under Commonwealth v. Bazemore, 531 Pa. 582 , 614 A.2d 684 (1992).

12017–2017
Matter of Pittsburgh Action Against Rape red
pa · 1981
2 sentences

1984In In the Matter of Pittsburgh Action Against Rape, 494 Pa. 15 , 428 A.2d 126 (1981) our Supreme Court refused to grant an absolute privilege to rape crisis center files.

1984In In the Matter of Pittsburgh Action Against Rape, 494 Pa. 15 , 428 A.2d 126 (1981) our Supreme Court refused to grant an absolute privilege to rape crisis center files.

11984–1984
United States v. Morton Salt Co. green
scotus · 1950
1 sentence

1970In addition, the United States Supreme Court has said that for a search, by an administrative agency to be reasonable, “it is sufficient if the inquiry is within the authority of the agency, the demand is not too indefinite, and the information sought is reasonably relevant.” United States v. Morton Salt Co., 338 U.S. 632 (1950).

11970–1970
Teachers' Tenure Act Cases green
pa · 1938
2 sentences

1955Reliance is placed upon the italicized portion of section 1205, subsection (i), of the Act of May 18, 1911, P. L. 309, as amended by the Acts of April 6, 1937, P. L. 213, §2, and June 20, 1939, P. L. 482, §2, which provides: “In all cases where the final decision is in favor of the professional employe, the charges made shall be physically expunged from the records of the board of school directors (or the board of public education), and in all such cases, there shall be no abatement of salary or compensation, but a complete official transcript of the records of the hearing shall be delivered t

1955Reliance is placed upon the italicized portion of section 1205, subsection (i), of the Act of May 18, 1911, P. L. 309, as amended by the Acts of April 6, 1937, P. L. 213, §2, and June 20, 1939, P. L. 482, §2, which provides: “In all cases where the final decision is in favor of the professional employe, the charges made shall be physically expunged from the records of the board of school directors (or the board of public education), and in all such cases, there shall be no abatement of salary or compensation, but a complete official transcript of the records of the hearing shall be delivered t

11955–1955

Where else courts name it

PA 8 (1955–2024) IL 7 (1917–2021) MA 6 (1936–2011) TX 6 (1991–2021) NY 6 (1981–2010) OH 5 (1992–2025) OR 5 (1989–2021) UT 5 (1991–2020) FL 4 (1990–2026) NE 4 (2006–2023) MD 4 (2003–2019) CT 4 (1990–2023) IN 4 (1997–2015) IA 4 (1929–2018) WI 4 (1987–2016) NC 3 (2020–2026) MI 2 (2002–2023) CA 2 (2015–2016) VA 2 (1988–2025) LA 2 (2003–2022) ME 2 (1989–2014)

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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