purposes behind the confrontation requirement (Pennsylvania) · Go Syfert
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purposes behind the confrontation requirement in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1975–2024 2 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 (1)

CaseFollowedCited
California v. Greenred
scotus · 1970 · cited in 3 Pennsylvania opinions naming this issue, 1977–2010
2 sentences

2010L.Rev. 1378 (1972). ... [HJowever state law might formally characterize the questioning of [the witness], it afforded “substantial compliance with the purposes behind the confrontation requirement,” [California v.] Green, 399 U.S. [149,] 166 [90 S.Ct. 1930, 26 L.Ed.2d 489 ] [ (1970) ], no less so than classic cross-examination.

2010L.Rev. 1378 (1972). ... [HJowever state law might formally characterize the questioning of [the witness], it afforded “substantial compliance with the purposes behind the confrontation requirement,” [California v.] Green, 399 U.S. [149,] 166 [90 S.Ct. 1930, 26 L.Ed.2d 489 ] [ (1970) ], no less so than classic cross-examination.

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 (5)

CaseCitedYears
Barber v. Page green
scotus · 1968
2 sentences

2024The viability of this exception “has been explained as arising from necessity and has been justified on the ground that the right of cross- examination initially afforded provides substantial compliance with the purposes behind the confrontation requirement.” Barber, 390 U.S. at 722 .

2024The viability of this exception “has been explained as arising from necessity and has been justified on the ground that the right of cross- examination initially afforded provides substantial compliance with the purposes behind the confrontation requirement.” Barber, 390 U.S. at 722 .

41975–2024
Pointer v. Texas green
scotus · 1965
2 sentences

1977This is especially true where the prior testimony was given in the presence of the accused and the witness was subject to cross-examination. “[T]he right of cross-examination then afforded provides substantial compliance with the purposes behind the confrontation requirement . ” California v. Green, supra, 399 U.S. at 166 , 90 S.Ct. at 1939 ; Mancusi v. Stubbs, supra; Barber v. Page, 390 U.S. 719, 722 , 88 S.Ct. 1318 , 20 L.Ed.2d 255 (1968) ; Pointer v. Texas, 380 U.S. 400, 407 , 85 S.Ct. 1065 , 13 L.Ed.2d 923 (1965); Mattox v. United States, 156 U.S. 237 , 15 S.Ct. 337 , 39 L.Ed. 409 (1895).

1977This is especially true where the prior testimony was given in the presence of the accused and the witness was subject to cross-examination. “[T]he right of cross-examination then afforded provides substantial compliance with the purposes behind the confrontation requirement . ” California v. Green, supra, 399 U.S. at 166 , 90 S.Ct. at 1939 ; Mancusi v. Stubbs, supra; Barber v. Page, 390 U.S. 719, 722 , 88 S.Ct. 1318 , 20 L.Ed.2d 255 (1968) ; Pointer v. Texas, 380 U.S. 400, 407 , 85 S.Ct. 1065 , 13 L.Ed.2d 923 (1965); Mattox v. United States, 156 U.S. 237 , 15 S.Ct. 337 , 39 L.Ed. 409 (1895).

21975–1977
Ohio v. Roberts red
scotus · 1980
2 sentences

2010Id., at 70-71, 100 S.Ct. 2531 (emphasis in original).

2010Id., at 70-71, 100 S.Ct. 2531 (emphasis in original).

12010–2010
Mattox v. United States green
· 1895
2 sentences

1977This is especially true where the prior testimony was given in the presence of the accused and the witness was subject to cross-examination. “[T]he right of cross-examination then afforded provides substantial compliance with the purposes behind the confrontation requirement . ” California v. Green, supra, 399 U.S. at 166 , 90 S.Ct. at 1939 ; Mancusi v. Stubbs, supra; Barber v. Page, 390 U.S. 719, 722 , 88 S.Ct. 1318 , 20 L.Ed.2d 255 (1968) ; Pointer v. Texas, 380 U.S. 400, 407 , 85 S.Ct. 1065 , 13 L.Ed.2d 923 (1965); Mattox v. United States, 156 U.S. 237 , 15 S.Ct. 337 , 39 L.Ed. 409 (1895).

1977This is especially true where the prior testimony was given in the presence of the accused and the witness was subject to cross-examination. “[T]he right of cross-examination then afforded provides substantial compliance with the purposes behind the confrontation requirement . ” California v. Green, supra, 399 U.S. at 166 , 90 S.Ct. at 1939 ; Mancusi v. Stubbs, supra; Barber v. Page, 390 U.S. 719, 722 , 88 S.Ct. 1318 , 20 L.Ed.2d 255 (1968) ; Pointer v. Texas, 380 U.S. 400, 407 , 85 S.Ct. 1065 , 13 L.Ed.2d 923 (1965); Mattox v. United States, 156 U.S. 237 , 15 S.Ct. 337 , 39 L.Ed. 409 (1895).

11977–1977
West v. Louisiana green
· 1904
2 sentences

1977At common law, the state had the right to take and use depositions of unavailable witnesses if certain prerequisites were met: “the right existed to read a deposition upon the trial of the defendant, if such deposition had been taken when the defendant was present and when the defendant’s counsel had had an opportunity to cross-examine, upon proof being made to the satisfaction of the court that the witness was at the time of the trial dead, insane, too ill ever to be expected to attend the trial, or kept away by the connivance of the defendant.” West v. Louisiana, 194 U.S. 258 , 24 S.Ct. 650

1977At common law, the state had the right to take and use depositions of unavailable witnesses if certain prerequisites were met: “the right existed to read a deposition upon the trial of the defendant, if such deposition had been taken when the defendant was present and when the defendant’s counsel had had an opportunity to cross-examine, upon proof being made to the satisfaction of the court that the witness was at the time of the trial dead, insane, too ill ever to be expected to attend the trial, or kept away by the connivance of the defendant.” West v. Louisiana, 194 U.S. 258 , 24 S.Ct. 650

11977–1977

Where else courts name it

KS 8 (1969–2023) TX 8 (1968–1993) WI 6 (1978–2003) PA 6 (1975–2024) MO 5 (1977–2019) LA 4 (1986–2016) IL 3 (1974–1986) MD 3 (1977–1993) CA 3 (1980–2021) FL 2 (1980–2003) OH 2 (1980–1983) MS 2 (1992–1996) NJ 2 (1977–1982) CO 2 (1979–1982) AZ 2 (1971–1981) OR 2 (1969–1979)

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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