validity of a jury waiver (Pennsylvania) · Go Syfert
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validity of a jury waiver in Pennsylvania

6 Pennsylvania opinions name it 2 courts 2008–2022 5 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 (5)

CaseFollowedCited
Commonwealth v. Gumpertgreen
pa · 1986 · cited in 5 Pennsylvania opinions naming this issue, 2021–2022
2 sentences

2022See id.; see also Commonwealth v. Pi Delta Psi, Inc., 211 A.3d 875, 884 (Pa. Super. 2019) (stating “issues, even those of constitutional dimension, are waived if not raised in the trial court.”); Commonwealth v. Gumpert, 512 A.2d 699, 703 (Pa. Super. 1986) (providing that the validity of a jury waiver is subject to principles of waiver on appeal). - 10 - J-S27027-22 We note, however, that the trial court explained that even if Appellant had preserved this issue, she is entitled to no relief as her jury trial waiver was knowing and voluntary.

2022See Pa.R.A.P. 302(a) (issues not raised before the trial court are waived and cannot be raised for the first time on appeal); Commonwealth v. Cline, 177 A.3d 922, 927 (Pa. Super 2017) (constitutional challenges not raised before the trial court are waived); Commonwealth v. Gumpert, 512 A.2d 699, 703 (Pa. Super. 1986) (the validity of a jury waiver is subject to principles of waiver on appeal).

55
Commonwealth v. Pi Delta Psi, Inc.green
pasuperct · 2019 · cited in 2 Pennsylvania opinions naming this issue, 2022–2022
2 sentences

2022See id.; see also Commonwealth v. Pi Delta Psi, Inc., 211 A.3d 875, 884 (Pa. Super. 2019) (stating “issues, even those of constitutional dimension, are waived if not raised in the trial court.”); Commonwealth v. Gumpert, 512 A.2d 699, 703 (Pa. Super. 1986) (providing that the validity of a jury waiver is subject to principles of waiver on appeal). - 10 - J-S27027-22 We note, however, that the trial court explained that even if Appellant had preserved this issue, she is entitled to no relief as her jury trial waiver was knowing and voluntary.

2022See id.; see also Commonwealth v. Pi Delta Psi, Inc., 211 A.3d 875, 884 (Pa. Super. 2019) (stating “issues, even those of constitutional dimension, are waived if not raised in the trial court” (citation omitted)); Commonwealth v. Gumpert, 512 A.2d 699, 703 (Pa. Super. 1986) (providing that the validity of a jury waiver is subject to principles of waiver on appeal).

22
Commonwealth v. Clinegreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Pa.R.A.P. 302(a) (issues not raised before the trial court are waived and cannot be raised for the first time on appeal); Commonwealth v. Cline, 177 A.3d 922, 927 (Pa. Super 2017) (constitutional challenges not raised before the trial court are waived); Commonwealth v. Gumpert, 512 A.2d 699, 703 (Pa. Super. 1986) (the validity of a jury waiver is subject to principles of waiver on appeal).

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

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 2702 (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

IL 36 (1972–2026) CA 11 (2017–2026) PA 6 (2008–2022) CT 4 (1986–2025) TX 3 (1991–2003) OH 2 (2016–2025) MA 2 (1979–2009) MD 2 (2005–2007)

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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