three other factors (Pennsylvania) · Go Syfert
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three other factors in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1974–1995 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 (3)

CaseFollowedCited
Commonwealth v. Williamsgreen
pa · 1974 · cited in 5 Pennsylvania opinions naming this issue, 1974–1995
2 sentences

1995The length of the delay, of course, is the “triggering mechanism,” Commonwealth v. Williams, 457 Pa. 502, 506-507 , 327 A.2d 15, 17 (1974), and “when a delay is so extensive that a court considers it presumptively prejudicial, inquiry into the three other factors is necessary.” In deciding whether a violation has occurred, we further analyze the circumstances of each case within the context of a consideration of the rights of society as well as those of the accused to be protected from undue and oppressive pre-trial imprisonment.

1995The length of the delay, of course, is the “triggering mechanism,” Commonwealth v. Williams, 457 Pa. 502, 506-507 , 327 A.2d 15, 17 (1974), and “when a delay is so extensive that a court considers it presumptively prejudicial, inquiry into the three other factors is necessary.” In deciding whether a violation has occurred, we further analyze the circumstances of each case within the context of a consideration of the rights of society as well as those of the accused to be protected from undue and oppressive pre-trial imprisonment.

55
Barker v. Wingogreen
scotus · 1972 · cited in 3 Pennsylvania opinions naming this issue, 1974–1977
2 sentences

1977In Commonwealth v. Williams, 457 Pa. 502, 506-07 , 327 A.2d 15, 17 (1974), citing Barker, supra, 407 U.S. at 530 , 92 S.Ct. at 2192 , we agreed that the length of the delay before a trial is the “triggering mechanism” in determining whether the accused’s rights have been violated: “When a delay is so extensive that a court considers it presumptively prejudicial, inquiry into the three other factors is necessary.” It is conceded that appellant was called to trial 271 days from the time he was arrested, and 267 days from the time the first juvenile petition was filed.

1977In Commonwealth v. Williams, 457 Pa. 502, 506-07 , 327 A.2d 15, 17 (1974), citing Barker, supra, 407 U.S. at 530 , 92 S.Ct. at 2192 , we agreed that the length of the delay before a trial is the “triggering mechanism” in determining whether the accused’s rights have been violated: “When a delay is so extensive that a court considers it presumptively prejudicial, inquiry into the three other factors is necessary.” It is conceded that appellant was called to trial 271 days from the time he was arrested, and 267 days from the time the first juvenile petition was filed.

13
Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc.green
cadc · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1983–1983
1 sentence

1983Accord Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc., 559 F.2d 841 (D.C.

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 (3)

CaseCitedYears
Commonwealth v. Simms green
pa · 1985
2 sentences

1995Commonwealth v. Simms, 509 Pa. 11 , 500 A.2d 801 (1985); Commonwealth v. Pearson, 450 Pa. 467 , 303 A.2d 481 (1973).

1995Commonwealth v. Simms, 509 Pa. 11 , 500 A.2d 801 (1985); Commonwealth v. Pearson, 450 Pa. 467 , 303 A.2d 481 (1973).

11995–1995
Commonwealth v. Pearson green
pa · 1973
2 sentences

1995Commonwealth v. Simms, 509 Pa. 11 , 500 A.2d 801 (1985); Commonwealth v. Pearson, 450 Pa. 467 , 303 A.2d 481 (1973).

1995Commonwealth v. Simms, 509 Pa. 11 , 500 A.2d 801 (1985); Commonwealth v. Pearson, 450 Pa. 467 , 303 A.2d 481 (1973).

11995–1995
Commonwealth v. Bailey green
pa · 1975
2 sentences

1977We need not decide that this delay was “extensive” or “presumptively prejudicial” within the Barker standards since our investigation into the remaining three factors convinces us that the right to a speedy trial has not been denied. 4 See Commonwealth v. Bailey, supra, 463 Pa. at 361 , 344 A.2d at 873 .

1977We need not decide that this delay was “extensive” or “presumptively prejudicial” within the Barker standards since our investigation into the remaining three factors convinces us that the right to a speedy trial has not been denied. 4 See Commonwealth v. Bailey, supra, 463 Pa. at 361 , 344 A.2d at 873 .

11977–1977

Where else courts name it

PA 7 (1974–1995) IL 3 (1976–2005) TX 3 (2014–2015) ID 2 (2024–2025) CA 2 (2001–2023) RI 2 (1999–2001) GA 2 (2016–2020) NM 2 (1992–2012)

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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