otherwise valid waiver (Pennsylvania) · Go Syfert
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otherwise valid waiver in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1984–2019 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 (4)

CaseFollowedCited
Berry v. COURT OF COMMON PLEAS OF PHILADELPHIAgreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Michaud, supra. Appellant’s claim was not a mere boilerplate allegation of no reasonable basis as in Commonwealth v. Chmiel, 30 A.3d 1111, 1128 (Pa. 2011).

11
Commonwealth v. Hooksgreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008O'Donnell, 740 A.2d at 208 (rejecting a challenge to the validity of a jury waiver because the defendant failed to demonstrate whether her waiver was unknowing and unintelligent); see also Commonwealth v. Hooks, 483 Pa. 40 , 394 A.2d 528, 532 (1978) (stating that it is the defendant's burden to prove the infirmity of an otherwise valid waiver).

2008O'Donnell, 740 A.2d at 208 (rejecting a challenge to the validity of a jury waiver because the defendant failed to demonstrate whether her waiver was unknowing and unintelligent); see also Commonwealth v. Hooks, 483 Pa. 40 , 394 A.2d 528, 532 (1978) (stating that it is the defendant's burden to prove the infirmity of an otherwise valid waiver).

11
Commonwealth v. O'Donnellgreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008O'Donnell, 740 A.2d at 208 (rejecting a challenge to the validity of a jury waiver because the defendant failed to demonstrate whether her waiver was unknowing and unintelligent); see also Commonwealth v. Hooks, 483 Pa. 40 , 394 A.2d 528, 532 (1978) (stating that it is the defendant's burden to prove the infirmity of an otherwise valid waiver).

2008O’Donnell, 740 A.2d at 208 (rejecting a challenge to the validity of a jury waiver because the defendant failed to demonstrate whether her waiver was unknowing and unintelligent); see also Commonwealth v. Hooks, 483 Pa. 40 , 394 A.2d 528, 532 (1978) (stating that it is the defendant’s burden to prove the infirmity of an otherwise valid waiver).

11
Monroe Contract Corp. v. Harrison Square, Inc.green
pasuperct · 1979 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
2 sentences

1984See also, Monroe Contract Corp. v. Harrison Square, Inc., 266 Pa. Super 549 , 405 A.2d 954 (1979), holding that while willful noncompliance with procedural rules will not be condoned, neither will they be transformed into an offensive weapon designed to strike an otherwise valid claim (there dealing with the verification of pleadings requirement). .

1984See also, Monroe Contract Corp. v. Harrison Square, Inc., 266 Pa. Super 549 , 405 A.2d 954 (1979), holding that while willful noncompliance with procedural rules will not be condoned, neither will they be transformed into an offensive weapon designed to strike an otherwise valid claim (there dealing with the verification of pleadings requirement). .

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
Moran v. Burbine green
scotus · 1986
2 sentences

2019The case made its way to the United States Supreme Court, which granted certiorari to decide "whether a prearraignment confession preceded by an otherwise valid waiver must be suppressed either because the police misinformed an inquiring attorney about their plans concerning the suspect or because they failed to inform the suspect of the attorney's efforts to reach him." Id. at 420 , 106 S.Ct. 1135 .

2019The case made its way to the United States Supreme Court, which granted certiorari to decide "whether a prearraignment confession preceded by an otherwise valid waiver must be suppressed either because the police misinformed an inquiring attorney about their plans concerning the suspect or because they failed to inform the suspect of the attorney's efforts to reach him." Id. at 420 , 106 S.Ct. 1135 .

22018–2019
Berghuis v. Thompkins green
scotus · 2010
2 sentences

2019The case made its way to the United States Supreme Court, which granted certiorari to decide “whether a prearraignment confession preceded by an otherwise valid waiver must be suppressed either because the police misinformed an inquiring attorney about their plans concerning the suspect or because they failed to inform the suspect of the attorney’s efforts to reach him.” Id. at 420 .

2019“Events occurring outside of the presence of the suspect and entirely unknown to him surely can have no bearing on the capacity to comprehend and knowingly relinquish a constitutional right.” Id. at 422 .

12019–2019
Commonwealth v. Michaud green
pasuperct · 2013
1 sentence

2018Michaud, supra. Appellant’s claim was not a mere boilerplate allegation of no reasonable basis as in Commonwealth v. Chmiel, 30 A.3d 1111, 1128 (Pa. 2011).

12018–2018

Where else courts name it

NY 23 (1936–2025) CA 21 (1987–2024) WA 16 (1977–2025) IN 15 (1983–2020) CT 14 (1982–2016) FL 12 (1983–2026) IL 11 (1980–2004) TX 10 (1994–2023) MI 9 (1944–2026) MS 8 (1992–2009) OH 7 (1986–2018) KY 7 (1985–2024) OR 7 (1996–2017) PA 6 (1984–2019) AL 6 (1988–2016) DE 6 (1994–2024) TN 4 (1953–2013) AK 3 (1984–1989) MN 3 (1985–2011) NJ 3 (1990–2012) NC 3 (2003–2005) NE 3 (1983–2024) OK 2 (2008–2009) GA 2 (1977–1998) LA 2 (1982–1985) MA 2 (2002–2012) SD 2 (1975–1978) VA 2 (1991–1991) AZ 2 (1976–2003) RI 2 (2007–2011) NM 2 (1954–2000) WI 2 (2012–2017)

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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