staleness claim (Pennsylvania) · Go Syfert
← Pennsylvania issues

staleness claim in Pennsylvania

8 Pennsylvania opinions name it 2 courts 1947–2025 4 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 (3)

CaseFollowedCited
Commonwealth v. Gomolekoffgreen
pasuperct · 2006 · cited in 3 Pennsylvania opinions naming this issue, 2019–2024
2 sentences

2024However, staleness “is not determined by age alone, as this would be inconsistent with a totality of the circumstances analysis.” Id. (citation omitted). - 21 - J-A26019-23 In Commonwealth v. Gomolekoff, 910 A.2d 710, 713-15 (Pa.Super. 2006), this Court rejected a staleness claim where police obtained a warrant nine and a half months after the defendant sent emails containing alleged child pornography.

2024See, e.g., Commonwealth v. Gomolekoff, 910 A.2d 710, 713-14 (Pa. Super. 2006) (rejecting a staleness claim where police obtained a warrant nine and a half months after the defendant sent emails containing alleged child pornography, noting that other courts had observed in other cases that “pedophiles rarely, if ever, dispose of child pornography” and that “individuals will protect and retain child pornography for long periods for time because it is illegal and difficult to obtain”). - 19 - J-A10017-24 prima facie showing, of criminal activity.”) (citation, quotation marks, and emphasis omitted

23
United States v. David Scott Zimmermangreen
ca3 · 2002 · cited in 2 Pennsylvania opinions naming this issue, 2019–2024
2 sentences

2024We noted that other courts had observed in other cases that “pedophiles rarely, if ever, dispose of child pornography” and that “[p]resumably individuals will protect and retain child pornography for long periods for time because it is illegal and difficult to obtain.” Id. at 714 (quoting United States v. Zimmerman, 277 F.3d 426, 434 (3d Cir. 2002)).

2019We noted that other courts had observed in other cases that "pedophiles rarely, if ever, dispose of child pornography" and that "[p]resumably individuals will protect and retain child pornography for long periods for time because it is illegal and difficult to obtain." Id. at 714 (quoting Unite d States v. Zimmerman , 277 F.3d 426 , 434 (3d Cir. 2002) ).

12
Commonwealth v. Sanduskygreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See PCRA Ct. Op., 8/1/24, at 3, 9; see also Sandusky, 203 A.3d at 1043-44 ; Watley, 153 A.3d at 1039 .

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 (6)

CaseCitedYears
Commonwealth v. Leed, E., Aplt. green
pa · 2018
2 sentences

2024However, staleness “is not determined by age alone, as this would be inconsistent with a totality of the circumstances analysis.” Id. (citation omitted). - 21 - J-A26019-23 In Commonwealth v. Gomolekoff, 910 A.2d 710, 713-15 (Pa.Super. 2006), this Court rejected a staleness claim where police obtained a warrant nine and a half months after the defendant sent emails containing alleged child pornography.

2021Leed, supra at 408-09 .

22021–2024
Commonwealth v. Watley green
pasuperct · 2016
1 sentence

2025See PCRA Ct. Op., 8/1/24, at 3, 9; see also Sandusky, 203 A.3d at 1043-44 ; Watley, 153 A.3d at 1039 .

12025–2025
Gray v. South Carolina Public Service Authority green
sc · 1985
2 sentences

1986Gray v. South Carolina Public Service Authority, 284 S.C. 397 , 325 S.E.2d 547 (1985).

1986Gray v. South Carolina Public Service Authority, 284 S.C. 397 , 325 S.E.2d 547 (1985).

11986–1986
Commonwealth v. Bighum green
pa · 1973
2 sentences

1978The Commonwealth, in the one paragraph its brief devotes to the issue, impliedly concedes that both incidents were too stable to impeach appellant’s credibility, see Commonwealth v. Bighum, 452 Pa. 554 , 307 A.2d 255 (1973), but asserts that the staleness standard is different when a reputation witness is being cross-examined.

1978The Commonwealth, in the one paragraph its brief devotes to the issue, impliedly concedes that both incidents were too stable to impeach appellant’s credibility, see Commonwealth v. Bighum, 452 Pa. 554 , 307 A.2d 255 (1973), but asserts that the staleness standard is different when a reputation witness is being cross-examined.

11978–1978
Bechdel's Estate neutral
pa · 1942
2 sentences

1947The staleness of the claim makes it particularly suspicious: Beehdel’s Estate, 344 Pa. 139 , 23 A. 2d 859 ; Mays’ Estate, 141 Pa. Superior Ct. 179 , 15 A. 2d 569 .

1947The staleness of the claim makes it particularly suspicious: Beehdel’s Estate, 344 Pa. 139 , 23 A. 2d 859 ; Mays’ Estate, 141 Pa. Superior Ct. 179 , 15 A. 2d 569 .

11947–1947
Mays' Estate green
pasuperct · 1940
1 sentence

1947The staleness of the claim makes it particularly suspicious: Beehdel’s Estate, 344 Pa. 139 , 23 A. 2d 859 ; Mays’ Estate, 141 Pa. Superior Ct. 179 , 15 A. 2d 569 .

11947–1947

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 6312 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 10 (1913–2024) PA 8 (1947–2025) ID 5 (1908–2022) NE 5 (1906–1983) IL 4 (1873–2021) OR 4 (1952–2026) NM 4 (1901–2006) MA 3 (1995–2024) TX 3 (2000–2017) KY 3 (1912–2026) MI 2 (1906–2025) LA 2 (1984–1988) CT 2 (1988–2009) AZ 2 (1897–2020) WA 2 (2009–2009) CA 2 (1999–2009) CO 2 (1895–1895)

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.

← Caselaw search · G Cite Topics · Brief Check