mutual consent exception (Pennsylvania) · Go Syfert
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mutual consent exception in Pennsylvania

6 Pennsylvania opinions name it 2 courts 2010–2020 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. Diegogreen
pasuperct · 2015 · cited in 4 Pennsylvania opinions naming this issue, 2018–2020
2 sentences

2018The mutual consent exception permits interception of conversations in instances where the defendant “knew, or should have known, that the conversation was recorded.” Commonwealth v. Diego, 119 A.3d 370, 377 (Pa. Super. 2015), appeal denied, 129 A.3d 1240 (Pa. 2015).16 Based on the environment in which Byrd conversed with Heaps, an open visitation area in the jail, he should have known that their conversations could be recorded.

2018The mutual consent exception permits interception of conversations in instances where the defendant "knew, or should have known, that the conversation was recorded." Commonwealth v. Diego , 119 A.3d 370 , 377 (Pa. Super. 2015), appeal denied , 634 Pa. 732 , 129 A.3d 1240 (2015). 17 Based on the environment in which Byrd conversed with Heaps, an open visitation area in the jail, he should have known that their conversations could be recorded.

24
Commonwealth v. Fleckgreen
pa · 1988 · cited in 2 Pennsylvania opinions naming this issue, 2010–2012
2 sentences

2012Because he claimed self-defense at trial, Norley contends that Commonwealth v. Fleck, 372 Pa.Super. 546 , 539 A.2d 1331 (1988) governs here. 1 In Fleck , this Court determined that the trial court had erred in sua sponte charging the jury that it could find the appellant guilty of third degree simple assault if it found a scuffle through mutual consent, even though he had only been charged with second degree simple assault and the Commonwealth had not requested a mutual consent instruction.

2012Because he claimed self-defense at trial, Norley contends that Commonwealth v. Fleck, 372 Pa.Super. 546 , 539 A.2d 1331 (1988) governs here. 1 In Fleck , this Court determined that the trial court had erred in sua sponte charging the jury that it could find the appellant guilty of third degree simple assault if it found a scuffle through mutual consent, even though he had only been charged with second degree simple assault and the Commonwealth had not requested a mutual consent instruction.

12
Com. v. DeMarcogreen
pa · 1990 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
2 sentences

2020Id.

2020First, the Commonwealth cites Commonwealth v. DeMarco, 578 A.2d 942 (Pa. Super. 1990), which involved the suppression of incriminating messages left on an answering machine.

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
Com. v. Diego neutral
pa · 2015
2 sentences

2018The mutual consent exception permits interception of conversations in instances where the defendant "knew, or should have known, that the conversation was recorded." Commonwealth v. Diego , 119 A.3d 370 , 377 (Pa. Super. 2015), appeal denied , 634 Pa. 732 , 129 A.3d 1240 (2015). 17 Based on the environment in which Byrd conversed with Heaps, an open visitation area in the jail, he should have known that their conversations could be recorded.

2018The mutual consent exception permits interception of conversations in instances where the defendant "knew, or should have known, that the conversation was recorded." Commonwealth v. Diego , 119 A.3d 370 , 377 (Pa. Super. 2015), appeal denied , 634 Pa. 732 , 129 A.3d 1240 (2015). 17 Based on the environment in which Byrd conversed with Heaps, an open visitation area in the jail, he should have known that their conversations could be recorded.

32018–2018
Commonwealth v. Fant, R., Aplt. green
pa · 2016
1 sentence

2020In his suppression motion, Appellant principally relied on Commonwealth v. Fant, 146 A.3d 1254 (Pa. 2016), decided one month prior to Appellant’s suppression hearing, in which this Court held that a jail visit conversation conducted via a telephone-like handset does not constitute a “telephone call” as that term was used in the prior version of the correctional facility exception.

12020–2020
Commonwealth v. Byrd, J., Pet neutral
pa · 2018
1 sentence

2020Commonwealth v. Byrd, 194 A.3d 561 (Pa. 2018) (per curiam). [J-82-2019] - 10 Appellant argues the mutual consent exception to the Wiretap Act is clear and unambiguous.

12020–2020
Adams v. Giroux neutral
pa · 2015
1 sentence

2020Id.

12020–2020

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 5703 (4) PA § 18 Pa. Cons. Stat. § 5704 (4) PA § 18 Pa. Cons. Stat. § 5701 (3) PA § 18 Pa. Cons. Stat. § 5702 (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

PA 6 (2010–2020) MD 2 (1997–2002)

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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