right of peremptory challenge (Pennsylvania) · Go Syfert
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right of peremptory challenge in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1838–2026 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
Commonwealth v. Browngreen
pasuperct · 1903 · cited in 3 Pennsylvania opinions naming this issue, 1937–2015
2 sentences

2015Moreover, “the right of peremptory challenge is not of itself a right to select but a right to reject jurors.” Commonwealth v. Brown, 23 Pa. Super. 470, 498 (1903).

1954In the words of President Judge Rice in Commonwealth v. Brown, 23 Pa. Superior Ct. 470 : “As has been said repeatedly the right of peremptory challenge is not of itself a right to select but a right to reject jurors. . . .

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 (8)

CaseCitedYears
Commonwealth v. Rosario neutral
pasuperct · 1962
2 sentences

2026In Rosario, this Court held that a juror’s specific action of providing a negative answer to a question posed during voir dire, which amounted to an incorrect answer, misled counsel and “prevented an intelligent exercise of the defendant’s right of peremptory challenge.” Id.

2026Specifically, Brown cited Commonwealth v. Rosario, 182 A.2d 75 (Pa. Super. 1962) (en banc), for the proposition that a “person’s incorrect answer to clear [v]oir [d]ire questions mislead counsel and prevent an intelligent exercise of the defendant’s right of peremptory challenge, a new trial is required.” Motion, 7/23/2024, at 18.

22026–2026
Commonwealth v. Evans neutral
pa · 1905
2 sentences

1954And see Commonwealth v. Evans, 212 Pa. 369 , 61 A. 989 .

1954And see Commonwealth v. Evans, 212 Pa. 369 , 61 A. 989 .

21911–1954
State v. Spaulding neutral
vt · 1887
1 sentence

1911In many states the absolute right of peremptory challenge is allowed at any time before the juror is sworn even if there has been an acceptance by the party challenging or by both parties: Rogers v. State, 89 Md. 424 ; Hamper’s App., 51 Mich. 71 ; State v. Spaulding, 60 Vt. 228 ; People v. Kohle, 4 Cal. 198 ; Mann v. State, 23 Fla. 610 ; State v. Wren, 48 La.

11911–1911
State v. Wren neutral
la · 1896
1 sentence

1911In many states the absolute right of peremptory challenge is allowed at any time before the juror is sworn even if there has been an acceptance by the party challenging or by both parties: Rogers v. State, 89 Md. 424 ; Hamper’s App., 51 Mich. 71 ; State v. Spaulding, 60 Vt. 228 ; People v. Kohle, 4 Cal. 198 ; Mann v. State, 23 Fla. 610 ; State v. Wren, 48 La.

11911–1911
In re the Estate of Bennett neutral
mich · 1883
1 sentence

1911In many states the absolute right of peremptory challenge is allowed at any time before the juror is sworn even if there has been an acceptance by the party challenging or by both parties: Rogers v. State, 89 Md. 424 ; Hamper’s App., 51 Mich. 71 ; State v. Spaulding, 60 Vt. 228 ; People v. Kohle, 4 Cal. 198 ; Mann v. State, 23 Fla. 610 ; State v. Wren, 48 La.

11911–1911
Mann v. State green
fla · 1887
1 sentence

1911In many states the absolute right of peremptory challenge is allowed at any time before the juror is sworn even if there has been an acceptance by the party challenging or by both parties: Rogers v. State, 89 Md. 424 ; Hamper’s App., 51 Mich. 71 ; State v. Spaulding, 60 Vt. 228 ; People v. Kohle, 4 Cal. 198 ; Mann v. State, 23 Fla. 610 ; State v. Wren, 48 La.

11911–1911
Rogers v. State green
md · 1899
1 sentence

1911In many states the absolute right of peremptory challenge is allowed at any time before the juror is sworn even if there has been an acceptance by the party challenging or by both parties: Rogers v. State, 89 Md. 424 ; Hamper’s App., 51 Mich. 71 ; State v. Spaulding, 60 Vt. 228 ; People v. Kohle, 4 Cal. 198 ; Mann v. State, 23 Fla. 610 ; State v. Wren, 48 La.

11911–1911
Commonwealth v. Lesher green
pa · 1828
1 sentence

1838Both the bench and the bar incautiously acted on that supposition in the Commonwealth v. Lesher, 17 Serg. & Rawle 155 .

11838–1838

Where else courts name it

IL 22 (1887–2014) AL 19 (1893–2014) FL 14 (1869–2025) NJ 12 (1944–2005) TN 12 (1957–2010) MD 10 (1926–2008) NY 10 (1888–2018) LA 10 (1853–1978) DC 9 (1994–2002) CA 9 (1930–2024) PA 7 (1838–2026) NM 7 (1927–2003) WA 7 (1913–2001) KY 7 (1956–2017) NC 7 (1875–1975) AZ 6 (1949–1987) MS 6 (1920–2007) MI 6 (1915–2004) AR 6 (1958–1969) TX 5 (1902–1987) MA 5 (1936–1990) IN 5 (1909–2002) MN 4 (1878–2008) HI 4 (1910–2012) CT 4 (1859–2017) OR 3 (1948–2024) ME 3 (1888–2008) IA 3 (2013–2016) CO 3 (1897–1985) OH 2 (1940–2018) WI 2 (1985–1997) AK 2 (1983–1994) NE 2 (1958–2000) GA 2 (1877–1938)

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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