perpetrator challenge (Pennsylvania) · Go Syfert
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perpetrator challenge in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1983–2021 1 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 (2)

CaseFollowedCited
Turner v. United Statesgreen
scotus · 2017 · cited in 2 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019See Turner , 137 S.Ct. at 1898 (Kagan, J., dissenting) ("The defendants didn't offer an alternative perpetrator defense because the Government prevented them from learning what made it credible....

2019The Commonwealth’s suppression of evidence that Robinson confessed to the Campbell murder (a confession made to two different people, on separate occasions) deprived Natividad of the opportunity to advance a defense theory more credible and viable than the one he pursued at trial.5 5 See Turner, 137 S.Ct. at 1898 (Kagan, J., dissenting) (“The defendants didn’t offer an alternative perpetrator defense because the Government prevented them from learning what made it credible. . . .

22
J.G. v. Department of Public Welfaregreen
pacommwct · 2002 · cited in 3 Pennsylvania opinions naming this issue, 2019–2021
2 sentences

2021However, the court reasoned that though the CPSL “did not provide a mechanism for a perpetrator to challenge a founded report . . . ‘[t]his statutory omission does not mean that a named perpetrator in a founded report does not have any right of appeal.’” Id. at 1047, quoting J.G. v. Dep’t of Public Welfare, 795 A.2d 1089, 1092 (Pa. Cmwlth. 2002).

2021In reaching its conclusion that an administrative hearing was required in this case, the court reviewed its prior decisions in J.G., 795 A.2d 1089 , and R.F. v. Dep’t of Public Welfare, 801 A.2d 646 (Pa. Cmwlth. 2002), wherein the court interpreted provisions of the Administrative Agency Law, 2 Pa.C.S. §§101-754, to require the Bureau to afford an administrative hearing to a named perpetrator challenging a founded report of child abuse when certain facts warranted resolution.

13

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 (2)

CaseCitedYears
R.F. v. Department of Public Welfare green
pacommwct · 2002
1 sentence

2021In reaching its conclusion that an administrative hearing was required in this case, the court reviewed its prior decisions in J.G., 795 A.2d 1089 , and R.F. v. Dep’t of Public Welfare, 801 A.2d 646 (Pa. Cmwlth. 2002), wherein the court interpreted provisions of the Administrative Agency Law, 2 Pa.C.S. §§101-754, to require the Bureau to afford an administrative hearing to a named perpetrator challenging a founded report of child abuse when certain facts warranted resolution.

12021–2021
Commonwealth v. Rashed green
pa · 1981
2 sentences

1983Our Supreme Court in Commonwealth v, Rashed, 496 Pa. 26 , 436 A.2d 134 (1981) recently addressed the claim that a prior inability to identify in a line-up coupled with an opportunity to observe the perpetrator at a hearing impermissibly tainted an in-court identification and that counsel therefore was ineffective for failing to move to suppress that identification.

1983Our Supreme Court in Commonwealth v, Rashed, 496 Pa. 26 , 436 A.2d 134 (1981) recently addressed the claim that a prior inability to identify in a line-up coupled with an opportunity to observe the perpetrator at a hearing impermissibly tainted an in-court identification and that counsel therefore was ineffective for failing to move to suppress that identification.

11983–1983

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 4304 (3) PA § 23 Pa. Cons. Stat. § 6303 (3) PA § 23 Pa. Cons. Stat. § 6340 (3) PA § 23 Pa. Cons. Stat. § 6341 (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

MN 7 (2008–2025) PA 6 (1983–2021) CA 5 (1979–2023) TX 5 (2011–2026) KY 4 (2011–2025) OR 3 (1994–2023) MO 3 (2014–2024) ND 3 (1980–1983) MD 2 (1983–1985) NY 2 (1985–2008) ME 2 (2002–2006)

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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