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7 Pennsylvania opinions name it 2 courts 1972–1993 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Haidemangreen2 sentences1993Beginning with Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765, 766-67 (1972), our Supreme Court declared: Testimonial reference to an accused's silence and his request for a lawyer at time of arrest is a constitutionally impermissible violation of the accused's Fifth Amendment right. 1993Beginning with Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765, 766-67 (1972), our Supreme Court declared: Testimonial reference to an accused's silence and his request for a lawyer at time of arrest is a constitutionally impermissible violation of the accused's Fifth Amendment right. | 4 | 6 |
Hubert Junior Walker v. United Statesgreen2 sentences1976As the Fifth Circuit observed, ‘[w]e would be naive if we failed to recognize that most laymen view an assertion of the Fifth Amendment privilege as a badge of guilt.’ Walker v. United States, 404 F.2d 900, 903 (5th Cir. 1968).” See Griffin v. California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965). 1976As the Fifth Circuit observed, `[w]e would be naive if we failed to recognize that most laymen view an assertion of the Fifth Amendment privilege as a badge of guilt.' Walker v. United States, 404 F.2d 900, 903 (5th Cir. 1968)." See Griffin v. California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965). | 1 | 1 |
Timothy A. Gillison v. United Statesgreen1 sentence1975The difference between prosecutorial use of an accused’s silence at trial and the use of an accused’s silence at time of arrest is, as one court stated, 'infinitesimal.’ Gillison v. United States, 399 F. 2d 586, 587 (D.C. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Griffin v. California
green
2 sentences1993In Griffin v. California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965), the Supreme Court held that the Fifth Amendment “forbids either comment by the prosecution on the accused’s silence [at trial] or instructions by the court that such silence is evidence of guilt.” Id. at 615, 85 S.Ct. at 1233 . 1993In Griffin v. California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965), the Supreme Court held that the Fifth Amendment “forbids either comment by the prosecution on the accused’s silence [at trial] or instructions by the court that such silence is evidence of guilt.” Id. at 615, 85 S.Ct. at 1233 . | 4 | 1972–1993 |
Miranda v. Arizona
green
2 sentences1989Miranda v. Arizona, 384 U.S. 436, 470 , 86 S.Ct. 1602, 1624-25 , 16 L.Ed.2d 694 (1966). 1989Miranda v. Arizona, 384 U.S. 436, 470 , 86 S.Ct. 1602, 1624-25 , 16 L.Ed.2d 694 (1966). | 1 | 1989–1989 |
Commonwealth v. Maloney
green
2 sentences1979Failure of defense counsel to object to such a reference during trial or the refusal of the trial judge to give a curative instruction to the jury has been held to be reversible error that warrants the granting of a new trial. 1 Commonwealth v. Maloney, 469 Pa. 342, 349 , 365 A.2d 1237 (1976); Commonwealth v. Mitchell, 246 Pa.Super. 132 , 369 A.2d 846 (1977). 1979Failure of defense counsel to object to such a reference during trial or the refusal of the trial judge to give a curative instruction to the jury has been held to be reversible error that warrants the granting of a new trial. 1 Commonwealth v. Maloney, 469 Pa. 342, 349 , 365 A.2d 1237 (1976); Commonwealth v. Mitchell, 246 Pa.Super. 132 , 369 A.2d 846 (1977). | 1 | 1979–1979 |
Commonwealth v. Mitchell
green
2 sentences1979Failure of defense counsel to object to such a reference during trial or the refusal of the trial judge to give a curative instruction to the jury has been held to be reversible error that warrants the granting of a new trial. 1 Commonwealth v. Maloney, 469 Pa. 342, 349 , 365 A.2d 1237 (1976); Commonwealth v. Mitchell, 246 Pa.Super. 132 , 369 A.2d 846 (1977). 1979Failure of defense counsel to object to such a reference during trial or the refusal of the trial judge to give a curative instruction to the jury has been held to be reversible error that warrants the granting of a new trial. 1 Commonwealth v. Maloney, 469 Pa. 342, 349 , 365 A.2d 1237 (1976); Commonwealth v. Mitchell, 246 Pa.Super. 132 , 369 A.2d 846 (1977). | 1 | 1979–1979 |
Commonwealth v. Davis
green
2 sentences1976We have recognized that testimonial reference to an accused’s silence at the time of arrest is a constitutionally impermissible violation of the accused’s right against self-incrimination under both the Federal Constitution, Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765 (1972) and our Pennsylvania Constitution, Commonwealth v. Davis, 452 Pa. 171 , 305 A.2d 715 (1973). 1976We have recognized that testimonial reference to an accused’s silence at the time of arrest is a constitutionally impermissible violation of the accused’s right against self-incrimination under both the Federal Constitution, Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765 (1972) and our Pennsylvania Constitution, Commonwealth v. Davis, 452 Pa. 171 , 305 A.2d 715 (1973). | 1 | 1976–1976 |
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.