unavailability defense (Pennsylvania) · Go Syfert
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unavailability defense in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1977–2015 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 (8)

CaseFollowedCited
Ohio v. Robertsred
scotus · 1980 · cited in 2 Pennsylvania opinions naming this issue, 1985–1987
2 sentences

1987For unincarcerated declarants the unavailability rule would require that during the sometimes lengthy period before trial the Government must endeavor to be aware of the whereabouts of the declarant or run the risk of a court determination that its efforts to produce the declarant did not satisfy the test of “good faith. ” See Ohio v. Roberts, 448 U.S., at 74-77 , 100 S.Ct., at 2543-45 ; id., at 77-82 , 100 S.Ct., at 2545-47 (BRENNAN, J., dissenting); see also United States v. Ordonez, 737 F.2d 793, 802 (CA9 1984).13 An unavailability rule would impose all of these burdens even if neither the

1987For unincarcerated declarants the unavailability rule would require that during the sometimes lengthy period before trial the Government must endeavor to be aware of the whereabouts of the declarant or run the risk of a court determination that its efforts to produce the declarant did not satisfy the test of “good faith. ” See Ohio v. Roberts, 448 U.S., at 74-77 , 100 S.Ct., at 2543-45 ; id., at 77-82 , 100 S.Ct., at 2545-47 (BRENNAN, J., dissenting); see also United States v. Ordonez, 737 F.2d 793, 802 (CA9 1984).13 An unavailability rule would impose all of these burdens even if neither the

12
Commonwealth v. Aarongreen
pasuperct · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See N.T., 11/25/2013, at 35; see also Aaron, 804 A.2d at 43 .

11
Commonwealth v. Ludwiggreen
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1994–1994
2 sentences

1994See Commonwealth v. Ludwig, 366 Pa.Super. 361, 400-02 , 531 A.2d 459, 479 (1987), appeal granted, 518 Pa. 617 , 541 A.2d 744 (1988), reversed, 527 Pa. 472 , 594 A.2d 281 (1991) (Cirillo, J., dissenting).

1994See Commonwealth v. Ludwig, 366 Pa.Super. 361, 400-02 , 531 A.2d 459, 479 (1987), appeal granted, 518 Pa. 617 , 541 A.2d 744 (1988), reversed, 527 Pa. 472 , 594 A.2d 281 (1991) (Cirillo, J., dissenting).

11
Commonwealth v. Ludwiggreen
pa · 1991 · cited in 1 Pennsylvania opinions naming this issue, 1994–1994
2 sentences

1994See Commonwealth v. Ludwig, 366 Pa.Super. 361, 400-02 , 531 A.2d 459, 479 (1987), appeal granted, 518 Pa. 617 , 541 A.2d 744 (1988), reversed, 527 Pa. 472 , 594 A.2d 281 (1991) (Cirillo, J., dissenting).

1994See Commonwealth v. Ludwig, 366 Pa.Super. 361, 400-02 , 531 A.2d 459, 479 (1987), appeal granted, 518 Pa. 617 , 541 A.2d 744 (1988), reversed, 527 Pa. 472 , 594 A.2d 281 (1991) (Cirillo, J., dissenting).

11
United States v. Oscar Ordonez, German Hernandez Garcia, AKA Jaime Riveragreen
ca9 · 1984 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987For unincarcerated declarants the unavailability rule would require that during the sometimes lengthy period before trial the Government must endeavor to be aware of the whereabouts of the declarant or run the risk of a court determination that its efforts to produce the declarant did not satisfy the test of “good faith. ” See Ohio v. Roberts, 448 U.S., at 74-77 , 100 S.Ct., at 2543-45 ; id., at 77-82 , 100 S.Ct., at 2545-47 (BRENNAN, J., dissenting); see also United States v. Ordonez, 737 F.2d 793, 802 (CA9 1984).13 An unavailability rule would impose all of these burdens even if neither the

1987For unincarcerated declarants the unavailability rule would require that during the sometimes lengthy period before trial the Government must endeavor to be aware of the whereabouts of the declarant or run the risk of a court determination that its efforts to produce the declarant did not satisfy the test of " good faith. " See Ohio v. Roberts, 448 U.S., at 74-77 , 100 S.Ct., at 2543-45 ; id., at 77-82 , 100 S.Ct., at 2545-47 (BRENNAN, J., dissenting); see also United States v. Ordonez, 737 F.2d 793, 802 (CA9 1984).13 An unavailability rule would impose all of these burdens even if neither the

11
United States v. Inadigreen
scotus · 1986 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987We hold today that the Confrontation Clause does not embody such a rule. 106 S.Ct. at 1128-29 (footnotes omitted) (emphasis added).

1987We hold *428 today that the Confrontation Clause does not embody such a rule. 106 S.Ct. at 1128-29 (footnotes omitted) (emphasis added).

11
Commonwealth v. Rylesgreen
pasuperct · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1986–1986
2 sentences

1986See Commonwealth v. Ryles, 274 Pa.Super. 547 , 418 A.2d 542 (1980), reargument denied, April 14, 1980, cited in Jenkins (unavailability of a judge is an exigent circumstance excusing delay of Pennsylvania intrastate preliminary arraignment).

1986See Commonwealth v. Ryles, 274 Pa.Super. 547 , 418 A.2d 542 (1980), reargument denied, April 14, 1980, cited in Jenkins (unavailability of a judge is an exigent circumstance excusing delay of Pennsylvania intrastate preliminary arraignment).

11
Commonwealth v. Millhousegreen
pa · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977
2 sentences

1977See Commonwealth v. Millhouse, 470 Pa. 512, 517 , 368 A.2d 1273, 1276 (1977); cf. Commonwealth v. Gregg, 470 Pa. 323 , *258 368 A.2d 651 (1977).

1977See Commonwealth v. Millhouse, 470 Pa. 512, 517 , 368 A.2d 1273, 1276 (1977); cf. Commonwealth v. Gregg, 470 Pa. 323 , *258 368 A.2d 651 (1977).

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
Dutton v. Evans green
scotus · 1970
2 sentences

1985Here, Wells’ statements do not. fall within the Dutton exception to the unavailability requirement because they are crucial to conviction, and not “of peripheral significance at most,” as in Dutton, 400 U.S. at 87 , 91 S.Ct. at 219 .

1985Here, Wells’ statements do not. fall within the Dutton exception to the unavailability requirement because they are crucial to conviction, and not “of peripheral significance at most,” as in Dutton, 400 U.S. at 87 , 91 S.Ct. at 219 .

11985–1985
Commonwealth v. Ehredt green
pa · 1979
2 sentences

1980It is well established that we may grant an extension under Rule 1100(c) only if (1) the prosecution proves by a preponderance of the evidence that it exercised “due diligence” but, nevertheless, is unable to commence the trial within the period; and (2) the extension granted schedules the trial at the earliest date consistent with the business of the court: Com. v. Ehredt, 485 Pa. 191 , 401 A. 2d 358 (1979).

1980It is well established that we may grant an extension under Rule 1100(c) only if (1) the prosecution proves by a preponderance of the evidence that it exercised “due diligence” but, nevertheless, is unable to commence the trial within the period; and (2) the extension granted schedules the trial at the earliest date consistent with the business of the court: Com. v. Ehredt, 485 Pa. 191 , 401 A. 2d 358 (1979).

11980–1980
Commonwealth v. Kichline green
pa · 1976
2 sentences

1979Considering the evidence of the Commonwealth’s witnesses and so much of the evidence for the defense as remains uncontradicted, Commonwealth v. Kichline, 468 Pa. 265 , 361 A.2d 282 (1976), the events leading to Lybrand’s arrest were as follows: On the evening of September 6, 1973, two undercover policemen, members of a special unit designed to prevent and detect robberies and burglaries, were observing a state liquor store and a bar located in a high crime area.

1979Considering the evidence of the Commonwealth’s witnesses and so much of the evidence for the defense as remains uncontradicted, Commonwealth v. Kichline, 468 Pa. 265 , 361 A.2d 282 (1976), the events leading to Lybrand’s arrest were as follows: On the evening of September 6, 1973, two undercover policemen, members of a special unit designed to prevent and detect robberies and burglaries, were observing a state liquor store and a bar located in a high crime area.

11979–1979
Commonwealth v. Gregg green
pa · 1977
2 sentences

1977See Commonwealth v. Millhouse, 470 Pa. 512, 517 , 368 A.2d 1273, 1276 (1977); cf. Commonwealth v. Gregg, 470 Pa. 323 , *258 368 A.2d 651 (1977).

1977See Commonwealth v. Millhouse, 470 Pa. 512, 517 , 368 A.2d 1273, 1276 (1977); cf. Commonwealth v. Gregg, 470 Pa. 323 , *258 368 A.2d 651 (1977).

11977–1977

Where else courts name it

CA 17 (1975–2026) NY 14 (1964–2026) OR 12 (1992–2022) IL 11 (1972–2020) FL 10 (1982–2012) MA 9 (1992–2019) TX 9 (1995–2024) DC 9 (1981–2017) WI 8 (1982–2003) PA 8 (1977–2015) CT 7 (1995–2023) IN 7 (1987–2026) NJ 6 (1971–2018) MD 6 (1989–2005) KS 6 (1988–2014) WV 6 (1984–2011) WA 6 (1987–2021) OH 5 (1992–2022) NC 5 (1989–2009) CO 5 (1989–2016) MN 5 (1987–1999) AZ 5 (1993–2017) TN 5 (1995–2015) HI 4 (1992–2007) VA 4 (1993–2006) IA 4 (1995–2021) MO 4 (1980–2024) LA 3 (1987–2021) VT 3 (1988–2012) AL 3 (1994–2004) ME 2 (1976–1979) MT 2 (1987–1989) UT 2 (1995–2000) MI 2 (2014–2019) NM 2 (2009–2016) MS 2 (2000–2006) RI 2 (1990–2001)

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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