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6 Pennsylvania opinions name it 4 courts 1955–2011 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 |
|---|---|---|
Crawford v. Washingtongreen2 sentences2011Davis v. Washington, 547 U.S. 813, 821 , 126 S.Ct. 2266 , 165 L.Ed.2d 224 (2006); see also Crawford, 541 U.S. at 68 , 124 S.Ct. 1354 (“Where nontes-timonial hearsay is at issue, it is wholly consistent with the [Constitution’s] Framers’ design to afford the States flexibility in their development of hearsay law.”) In this matter, unlike in Barton-Martin , the individual who actually performed Appellant’s BAC analysis (Officer Gsell) testified as to the accuracy of that test and as to the specific results received with regard to Appellant. 2011Davis v. Washington, 547 U.S. 813, 821 , 126 S.Ct. 2266 , 165 L.Ed.2d 224 (2006); see also Crawford, 541 U.S. at 68 , 124 S.Ct. 1354 (“Where nontes-timonial hearsay is at issue, it is wholly consistent with the [Constitution’s] Framers’ design to afford the States flexibility in their development of hearsay law.”) In this matter, unlike in Barton-Martin , the individual who actually performed Appellant’s BAC analysis (Officer Gsell) testified as to the accuracy of that test and as to the specific results received with regard to Appellant. | 1 | 1 |
Brosius v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen2 sentences2007Brosius v. Dep’t of Transp., Bureau of Driver Licensing, 664 A.2d 199, 202 (Pa.Cmwlth.1995) (holding that enhanced term of suspension for recidivist offenders, under Section 13(m) of the Controlled Substance Act, 5 not applicable where multiple first convictions). 2007Brosius v. Dep't of Transp., Bureau of Driver Licensing, 664 A.2d 199, 202 (Pa.Cmwlth.1995) (holding that enhanced term of suspension for recidivist offenders, under Section 13(m) of the Controlled Substance Act, [5] not applicable where multiple first convictions). | 1 | 1 |
Nichol v. Commonwealthgreen2 sentences1987See, Nichol v. Unemployment Compensation Board of Review, 82 Pa. Commonwealth Ct. 234 , 241 n. 6, 475 A.2d 906 , 909 n. 6 (1984). 1987See, Nichol v. Unemployment Compensation Board of Review, 82 Pa. Commonwealth Ct. 234 , 241 n. 6, 475 A.2d 906 , 909 n. 6 (1984). | 1 | 1 |
Leary v. United Statesgreen2 sentences1970From such a survey the Court was willing to assume that the majority of marihuana consumed in the United States was illegally imported but deemed this an insufficient basis for concluding that "a majority of marihuana possessors either are cognizant of the apparently high rate of importation or otherwise have become aware that their marihuana was grown abroad." 395 U.S. at 46-47 , 89 S. Ct. at 1553-54 (emphasis in original). 1970From such a survey the Court was willing to assume that the majority of marihuana consumed in the United States was illegally imported but deemed this an insufficient basis for concluding that "a majority of marihuana possessors either are cognizant of the apparently high rate of importation or otherwise have become aware that their marihuana was grown abroad." 395 U.S. at 46-47 , 89 S. Ct. at 1553-54 (emphasis in original). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Davis v. Washington
green
2 sentences2011Davis v. Washington, 547 U.S. 813, 821 , 126 S.Ct. 2266 , 165 L.Ed.2d 224 (2006); see also Crawford, 541 U.S. at 68 , 124 S.Ct. 1354 (“Where nontes-timonial hearsay is at issue, it is wholly consistent with the [Constitution’s] Framers’ design to afford the States flexibility in their development of hearsay law.”) In this matter, unlike in Barton-Martin , the individual who actually performed Appellant’s BAC analysis (Officer Gsell) testified as to the accuracy of that test and as to the specific results received with regard to Appellant. 2011Davis v. Washington, 547 U.S. 813, 821 , 126 S.Ct. 2266 , 165 L.Ed.2d 224 (2006); see also Crawford, 541 U.S. at 68 , 124 S.Ct. 1354 (“Where nontes-timonial hearsay is at issue, it is wholly consistent with the [Constitution’s] Framers’ design to afford the States flexibility in their development of hearsay law.”) In this matter, unlike in Barton-Martin , the individual who actually performed Appellant’s BAC analysis (Officer Gsell) testified as to the accuracy of that test and as to the specific results received with regard to Appellant. | 1 | 2011–2011 |
Commonwealth v. Speights
green
2 sentences1988See: Commonwealth v. Speights, 353 Pa.Super. 258 , 509 A.2d 1263 (1986). *372 Thus, we join those courts which have held that a person arrested on charges of driving while under the influence of alcohol does not have a right under the Sixth Amendment of the United States Constitution to consult an attorney before deciding whether to consent to the administration of a breathalyzer test. 1988See: Commonwealth v. Speights, 353 Pa.Super. 258 , 509 A.2d 1263 (1986). *372 Thus, we join those courts which have held that a person arrested on charges of driving while under the influence of alcohol does not have a right under the Sixth Amendment of the United States Constitution to consult an attorney before deciding whether to consent to the administration of a breathalyzer test. | 1 | 1988–1988 |
City Bank Farmers' Trust Co. v. United States
green
1 sentence1955Initially, we agree with Judge Hand that “The statement . . . that ‘nature has fixed no certain age, by years, at which a child-bearing capacity shall begin or end’, is quite unfounded when applied to extremes either way”; City Bank Farmers Trust Co. v. United States, supra, at 694 . | 1 | 1955–1955 |
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.