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In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "468 U.S. 420, 443",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "468 U.S. 420, 443",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "468 U.S. 420, 443",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "468 U.S. 420, 443",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "468 U.S. 420, 443",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "468 U.S. 420, 443",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "104 S.Ct. 3138, 3152",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "104 S.Ct. 3138, 3152",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "104 S.Ct. 3138, 3152",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "104 S.Ct. 3138, 3152",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "104 S.Ct. 3138, 3152",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "104 S.Ct. 3138, 3152",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "82 L.Ed.2d 317, 336",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "82 L.Ed.2d 317, 336",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "82 L.Ed.2d 317, 336",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "82 L.Ed.2d 317, 336",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "82 L.Ed.2d 317, 336",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "82 L.Ed.2d 317, 336",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "509 Pa. 497, 515",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "509 Pa. 497, 515",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "509 Pa. 497, 515",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "509 Pa. 497, 515",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "509 Pa. 497, 515",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "509 Pa. 497, 515",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "504 A.2d 168, 177",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "504 A.2d 168, 177",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "504 A.2d 168, 177",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "504 A.2d 168, 177",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "504 A.2d 168, 177",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "504 A.2d 168, 177",
"parenthetical": "applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "472 Pa. 435, 449",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "472 Pa. 435, 449",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "472 Pa. 435, 449",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "472 Pa. 435, 449",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "472 Pa. 435, 449",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "472 Pa. 435, 449",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "372 A.2d 771, 777",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "372 A.2d 771, 777",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "372 A.2d 771, 777",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "372 A.2d 771, 777",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "372 A.2d 771, 777",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "372 A.2d 771, 777",
"parenthetical": "applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "468 Pa. 481, 486",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "468 Pa. 481, 486",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "468 Pa. 481, 486",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "468 Pa. 481, 486",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "468 Pa. 481, 486",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "468 Pa. 481, 486",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "364 A.2d 296, 299",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "364 A.2d 296, 299",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "364 A.2d 296, 299",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "364 A.2d 296, 299",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "364 A.2d 296, 299",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "364 A.2d 296, 299",
"parenthetical": "applying harmless analysis to prosecutor's improper comment on defendant's election to remain silent",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "248 Pa.Super. 62, 72",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "248 Pa.Super. 62, 72",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "248 Pa.Super. 62, 72",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "248 Pa.Super. 62, 72",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "248 Pa.Super. 62, 72",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "248 Pa.Super. 62, 72",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "374 A.2d 1317, 1322",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "374 A.2d 1317, 1322",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "374 A.2d 1317, 1322",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "374 A.2d 1317, 1322",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "374 A.2d 1317, 1322",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "374 A.2d 1317, 1322",
"parenthetical": "applying harmless error analysis to improper introduction of testimony regarding defendant's exercise of right to silence",
"sentence": "See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "465 Pa. 341, 349-350",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "465 Pa. 341, 349-350",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "465 Pa. 341, 349-350",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "465 Pa. 341, 349-350",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "465 Pa. 341, 349-350",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "465 Pa. 341, 349-350",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "518 Pa. 405, 415",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "350 A.2d 797, 801",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "350 A.2d 797, 801",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "but see",
"identifier": "543 A.2d 1068, 1072",
"parenthetical": "introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "see",
"identifier": "350 A.2d 797, 801",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "but see",
"identifier": "469 Pa. 342, 355",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | a |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "365 A.2d 1237, 1244",
"parenthetical": "curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "350 A.2d 797, 801",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "246 Pa.Super. 132, 138",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "350 A.2d 797, 801",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | b |
In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. | {
"signal": "but see",
"identifier": "369 A.2d 846, 849",
"parenthetical": "recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | {
"signal": "see",
"identifier": "350 A.2d 797, 801",
"parenthetical": "\"Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.\"",
"sentence": "See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced)."
} | 903,251 | b |
Also, and again for the reason that the first appeal is closed, we reject any contention, see Reply Brief of Lowry al 12, that the filing of the first notice of appeal presented "unique circumstances" justifying this Court's assertion of jurisdiction over an otherwise untimely appeal. | {
"signal": "see",
"identifier": "489 U.S. 169, 179",
"parenthetical": "explaining that \"unique circumstances\" doctrine \"applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by ' a judicial officer that this act has been properly done\"",
"sentence": "See Osterneck v. Ernst & Whinney, 489 U.S. 169, 179, 109 S.Ct. 987, 103 L.Ed.2d 146 (1989) (explaining that \"unique circumstances” doctrine \"applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by ' a judicial officer that this act has been properly done”)."
} | {
"signal": "but see",
"identifier": null,
"parenthetical": "noting that \"the continued vitality of the doctrine has been questioned\"",
"sentence": "But see Schwartz v. Pridy, 94 F.3d 453, 456 n. 3 (8th Cir.1996) (noting that \"the continued vitality of the doctrine has been questioned”)."
} | 1,743,501 | a |
Also, and again for the reason that the first appeal is closed, we reject any contention, see Reply Brief of Lowry al 12, that the filing of the first notice of appeal presented "unique circumstances" justifying this Court's assertion of jurisdiction over an otherwise untimely appeal. | {
"signal": "but see",
"identifier": null,
"parenthetical": "noting that \"the continued vitality of the doctrine has been questioned\"",
"sentence": "But see Schwartz v. Pridy, 94 F.3d 453, 456 n. 3 (8th Cir.1996) (noting that \"the continued vitality of the doctrine has been questioned”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining that \"unique circumstances\" doctrine \"applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by ' a judicial officer that this act has been properly done\"",
"sentence": "See Osterneck v. Ernst & Whinney, 489 U.S. 169, 179, 109 S.Ct. 987, 103 L.Ed.2d 146 (1989) (explaining that \"unique circumstances” doctrine \"applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by ' a judicial officer that this act has been properly done”)."
} | 1,743,501 | b |
Also, and again for the reason that the first appeal is closed, we reject any contention, see Reply Brief of Lowry al 12, that the filing of the first notice of appeal presented "unique circumstances" justifying this Court's assertion of jurisdiction over an otherwise untimely appeal. | {
"signal": "but see",
"identifier": null,
"parenthetical": "noting that \"the continued vitality of the doctrine has been questioned\"",
"sentence": "But see Schwartz v. Pridy, 94 F.3d 453, 456 n. 3 (8th Cir.1996) (noting that \"the continued vitality of the doctrine has been questioned”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "explaining that \"unique circumstances\" doctrine \"applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by ' a judicial officer that this act has been properly done\"",
"sentence": "See Osterneck v. Ernst & Whinney, 489 U.S. 169, 179, 109 S.Ct. 987, 103 L.Ed.2d 146 (1989) (explaining that \"unique circumstances” doctrine \"applies only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by ' a judicial officer that this act has been properly done”)."
} | 1,743,501 | b |
The administrative law judge had no evidence of functional limitations from the alleged incontinence or mental impairments. As a result, the administrative law judge did not err by assessing the residual functional capacity without incorporating limitations from incontinence. | {
"signal": "see",
"identifier": "844 F.2d 664, 666",
"parenthetical": "upholding a finding that incontinence did not render the claimant disabled notwithstanding evidence of bladder leakage and possible need for a second operation",
"sentence": "See Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir.1988) (upholding a finding that incontinence did not render the claimant disabled notwithstanding evidence of bladder leakage and possible need for a second operation); see also SSR 96-8P, 1996 WL 374184, at *1 (1996) (“The RFC assessment considers only functional limitations and restrictions that result from an individual’s medically determinable impairment ... including the impact of any related symptoms.”)."
} | {
"signal": "see also",
"identifier": "1996 WL 374184, at *1",
"parenthetical": "\"The RFC assessment considers only functional limitations and restrictions that result from an individual's medically determinable impairment ... including the impact of any related symptoms.\"",
"sentence": "See Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir.1988) (upholding a finding that incontinence did not render the claimant disabled notwithstanding evidence of bladder leakage and possible need for a second operation); see also SSR 96-8P, 1996 WL 374184, at *1 (1996) (“The RFC assessment considers only functional limitations and restrictions that result from an individual’s medically determinable impairment ... including the impact of any related symptoms.”)."
} | 3,898,030 | a |
Even though the United States consented to relinquish its interest by delivering a quitclaim deed to the Sheldens so that the Sheldens eventually held clear title after the foreclosure, this event does not affect whether the original forfeiture judgment constituted a taking. The authorities are clear that forfeiture of mortgaged property results in a taking from the mortgage holder at the time of forfeiture, when title is transferred to the United States. | {
"signal": "no signal",
"identifier": "364 U.S. 46, 46",
"parenthetical": "\"After transfer to the United States the liens ... could not be enforced because of the sovereign immunity of the Government and its property from suit.\"",
"sentence": "Armstrong, 364 U.S. at 46, 80 S.Ct. at 1567 (\"After transfer to the United States the liens ... could not be enforced because of the sovereign immunity of the Government and its property from suit.”); Metmor, 819 F.2d at 450 (just compensation defined as “fair market value of property on the date it is appropriated ... the date of the transfer of title”). The United States owed just compensation to the Sheldens, defined as the fair market value of their property interest on the effective date of the forfeiture judgment."
} | {
"signal": "see",
"identifier": "915 F.2d 1543, 1543",
"parenthetical": "\"Fair market value under the Fifth Amendment is normally ascertained at the date ... of the taking.\"",
"sentence": "See Yancey, 915 F.2d at 1543 (“Fair market value under the Fifth Amendment is normally ascertained at the date ... of the taking.”) (citing Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 14, 104 S.Ct. 2187, 2196, 81 L.Ed.2d 1 (1984)). By relinquishing its interest in the Moraga property, the United States only partially compensated the Shel-dens."
} | 10,515,146 | a |
Even though the United States consented to relinquish its interest by delivering a quitclaim deed to the Sheldens so that the Sheldens eventually held clear title after the foreclosure, this event does not affect whether the original forfeiture judgment constituted a taking. The authorities are clear that forfeiture of mortgaged property results in a taking from the mortgage holder at the time of forfeiture, when title is transferred to the United States. | {
"signal": "no signal",
"identifier": "80 S.Ct. 1567, 1567",
"parenthetical": "\"After transfer to the United States the liens ... could not be enforced because of the sovereign immunity of the Government and its property from suit.\"",
"sentence": "Armstrong, 364 U.S. at 46, 80 S.Ct. at 1567 (\"After transfer to the United States the liens ... could not be enforced because of the sovereign immunity of the Government and its property from suit.”); Metmor, 819 F.2d at 450 (just compensation defined as “fair market value of property on the date it is appropriated ... the date of the transfer of title”). The United States owed just compensation to the Sheldens, defined as the fair market value of their property interest on the effective date of the forfeiture judgment."
} | {
"signal": "see",
"identifier": "915 F.2d 1543, 1543",
"parenthetical": "\"Fair market value under the Fifth Amendment is normally ascertained at the date ... of the taking.\"",
"sentence": "See Yancey, 915 F.2d at 1543 (“Fair market value under the Fifth Amendment is normally ascertained at the date ... of the taking.”) (citing Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 14, 104 S.Ct. 2187, 2196, 81 L.Ed.2d 1 (1984)). By relinquishing its interest in the Moraga property, the United States only partially compensated the Shel-dens."
} | 10,515,146 | a |
Even though the United States consented to relinquish its interest by delivering a quitclaim deed to the Sheldens so that the Sheldens eventually held clear title after the foreclosure, this event does not affect whether the original forfeiture judgment constituted a taking. The authorities are clear that forfeiture of mortgaged property results in a taking from the mortgage holder at the time of forfeiture, when title is transferred to the United States. | {
"signal": "see",
"identifier": "915 F.2d 1543, 1543",
"parenthetical": "\"Fair market value under the Fifth Amendment is normally ascertained at the date ... of the taking.\"",
"sentence": "See Yancey, 915 F.2d at 1543 (“Fair market value under the Fifth Amendment is normally ascertained at the date ... of the taking.”) (citing Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 14, 104 S.Ct. 2187, 2196, 81 L.Ed.2d 1 (1984)). By relinquishing its interest in the Moraga property, the United States only partially compensated the Shel-dens."
} | {
"signal": "no signal",
"identifier": "819 F.2d 450, 450",
"parenthetical": "just compensation defined as \"fair market value of property on the date it is appropriated ... the date of the transfer of title\"",
"sentence": "Armstrong, 364 U.S. at 46, 80 S.Ct. at 1567 (\"After transfer to the United States the liens ... could not be enforced because of the sovereign immunity of the Government and its property from suit.”); Metmor, 819 F.2d at 450 (just compensation defined as “fair market value of property on the date it is appropriated ... the date of the transfer of title”). The United States owed just compensation to the Sheldens, defined as the fair market value of their property interest on the effective date of the forfeiture judgment."
} | 10,515,146 | b |
Third, despite the Board's acknowledged breach of the duty to assist here, the majority declines to hold open the 1990 Board decision on the basis that, at the time of that decision, the law pertaining to VA's duty to assist by obtaining SSA records "was not clearly defined." Ante at 109. By this, the majority apparently means that at the time of the 1990 Board decision there was no VA Adjudication Procedure Manual M21-1 (Manual M21-1) provision, or other internal VA issuance, extant that required VA to undertake the action that it failed to do (i.e., to obtain SSA records after receiving notice of an SSA decision awarding the appellant benefits on the basis of total unemployability), and that the Court's caselaw holding to that effect had not yet been issued. | {
"signal": "see",
"identifier": "188 F.3d 1331, 1331-32",
"parenthetical": "discussing VA Adjudication Procedure Manual M21-1, Part VI, Para. 6.04(b), requiring VA to make supplemental request for SMRs when initial request results in obtaining only partial records",
"sentence": "Ante at 109-110; see Hayre, 188 F.3d at 1331-32 (discussing VA Adjudication Procedure Manual M21-1, Part VI, Para. 6.04(b), requiring VA to make supplemental request for SMRs when initial request results in obtaining only partial records); see also Masors v. Derwinski, 2 Vet.App. 181, 188 (1992) (VA failure to obtain SSA records after receipt of SSA decision determining unemployability is breach of duty to assist). However, the majority ignores that, at the time of the 1990 Board decision, Congress had mandated that VA’s duty to assist a well-grounded claimant “shall include requesting information as described in section 3006 of this title.” 38 U.S.C. § 3007(a) (1988) (recodified in 1991 as 38 U.S.C. § 5107(a) by Pub.L. No. 102-40, § 402(b)(1), (d)(1), 105 Stat. 238, 239)."
} | {
"signal": "see also",
"identifier": "2 Vet.App. 181, 188",
"parenthetical": "VA failure to obtain SSA records after receipt of SSA decision determining unemployability is breach of duty to assist",
"sentence": "Ante at 109-110; see Hayre, 188 F.3d at 1331-32 (discussing VA Adjudication Procedure Manual M21-1, Part VI, Para. 6.04(b), requiring VA to make supplemental request for SMRs when initial request results in obtaining only partial records); see also Masors v. Derwinski, 2 Vet.App. 181, 188 (1992) (VA failure to obtain SSA records after receipt of SSA decision determining unemployability is breach of duty to assist). However, the majority ignores that, at the time of the 1990 Board decision, Congress had mandated that VA’s duty to assist a well-grounded claimant “shall include requesting information as described in section 3006 of this title.” 38 U.S.C. § 3007(a) (1988) (recodified in 1991 as 38 U.S.C. § 5107(a) by Pub.L. No. 102-40, § 402(b)(1), (d)(1), 105 Stat. 238, 239)."
} | 11,105,170 | a |
We have interpreted Doyle to allow prosecutors to comment on post -Miranda silence in response to defense arguments. | {
"signal": "see",
"identifier": "594 F.2d 1294, 1296",
"parenthetical": "\"By electing to dwell on the justifications for petitioner's silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.\"",
"sentence": "See Bradford v. Stone, 594 F.2d 1294, 1296 (9th Cir.1979) (per curiam), overruled on other grounds by Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (“By electing to dwell on the justifications for petitioner’s silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.”); see also United States v. Kennedy, 714 F.2d 968, 977 (9th Cir.1983) (allowing invited comment that defendant was “not like every other witness in the case” in response to defense counsel’s argument)."
} | {
"signal": "see also",
"identifier": "714 F.2d 968, 977",
"parenthetical": "allowing invited comment that defendant was \"not like every other witness in the case\" in response to defense counsel's argument",
"sentence": "See Bradford v. Stone, 594 F.2d 1294, 1296 (9th Cir.1979) (per curiam), overruled on other grounds by Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (“By electing to dwell on the justifications for petitioner’s silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.”); see also United States v. Kennedy, 714 F.2d 968, 977 (9th Cir.1983) (allowing invited comment that defendant was “not like every other witness in the case” in response to defense counsel’s argument)."
} | 4,128,313 | a |
We have interpreted Doyle to allow prosecutors to comment on post -Miranda silence in response to defense arguments. | {
"signal": "see also",
"identifier": "714 F.2d 968, 977",
"parenthetical": "allowing invited comment that defendant was \"not like every other witness in the case\" in response to defense counsel's argument",
"sentence": "See Bradford v. Stone, 594 F.2d 1294, 1296 (9th Cir.1979) (per curiam), overruled on other grounds by Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (“By electing to dwell on the justifications for petitioner’s silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.”); see also United States v. Kennedy, 714 F.2d 968, 977 (9th Cir.1983) (allowing invited comment that defendant was “not like every other witness in the case” in response to defense counsel’s argument)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"By electing to dwell on the justifications for petitioner's silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.\"",
"sentence": "See Bradford v. Stone, 594 F.2d 1294, 1296 (9th Cir.1979) (per curiam), overruled on other grounds by Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (“By electing to dwell on the justifications for petitioner’s silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.”); see also United States v. Kennedy, 714 F.2d 968, 977 (9th Cir.1983) (allowing invited comment that defendant was “not like every other witness in the case” in response to defense counsel’s argument)."
} | 4,128,313 | b |
We have interpreted Doyle to allow prosecutors to comment on post -Miranda silence in response to defense arguments. | {
"signal": "see also",
"identifier": "714 F.2d 968, 977",
"parenthetical": "allowing invited comment that defendant was \"not like every other witness in the case\" in response to defense counsel's argument",
"sentence": "See Bradford v. Stone, 594 F.2d 1294, 1296 (9th Cir.1979) (per curiam), overruled on other grounds by Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (“By electing to dwell on the justifications for petitioner’s silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.”); see also United States v. Kennedy, 714 F.2d 968, 977 (9th Cir.1983) (allowing invited comment that defendant was “not like every other witness in the case” in response to defense counsel’s argument)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"By electing to dwell on the justifications for petitioner's silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.\"",
"sentence": "See Bradford v. Stone, 594 F.2d 1294, 1296 (9th Cir.1979) (per curiam), overruled on other grounds by Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (“By electing to dwell on the justifications for petitioner’s silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.”); see also United States v. Kennedy, 714 F.2d 968, 977 (9th Cir.1983) (allowing invited comment that defendant was “not like every other witness in the case” in response to defense counsel’s argument)."
} | 4,128,313 | b |
We have interpreted Doyle to allow prosecutors to comment on post -Miranda silence in response to defense arguments. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"By electing to dwell on the justifications for petitioner's silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.\"",
"sentence": "See Bradford v. Stone, 594 F.2d 1294, 1296 (9th Cir.1979) (per curiam), overruled on other grounds by Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (“By electing to dwell on the justifications for petitioner’s silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.”); see also United States v. Kennedy, 714 F.2d 968, 977 (9th Cir.1983) (allowing invited comment that defendant was “not like every other witness in the case” in response to defense counsel’s argument)."
} | {
"signal": "see also",
"identifier": "714 F.2d 968, 977",
"parenthetical": "allowing invited comment that defendant was \"not like every other witness in the case\" in response to defense counsel's argument",
"sentence": "See Bradford v. Stone, 594 F.2d 1294, 1296 (9th Cir.1979) (per curiam), overruled on other grounds by Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (“By electing to dwell on the justifications for petitioner’s silence after arrest, defense counsel opened the door for the prosecutor to suggest contrary inferences.”); see also United States v. Kennedy, 714 F.2d 968, 977 (9th Cir.1983) (allowing invited comment that defendant was “not like every other witness in the case” in response to defense counsel’s argument)."
} | 4,128,313 | a |
The case law insists that an effective waiver of counsel must include a colloquy that contains an inquiry into the six areas listed above, conducted on the record by the judge. "[A]ny shortcoming relative to this colloquy cannot be gauged to the quality of an accused's self-representation nor justified on the basis of his prior experience with the system." | {
"signal": "see also",
"identifier": null,
"parenthetical": "that appellant has been advised of his right to counsel on appeal cannot be inferred from his having prior criminal record",
"sentence": "See also Commonwealth v. Davis, 393 Pa.Super. 88, 573 A.2d 1101, 1106 (Pa.Super.1990) (that appellant has been advised of his right to counsel on appeal cannot be inferred from his having prior criminal record)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "appellant's prior experiences as a criminal defendant are irrelevant to the question of whether a \"penetrating and comprehensive\" counsel waiver colloquy was conducted",
"sentence": "See Commonwealth v. Dale, 286 Pa.Super. 308, 428 A.2d 1006 (Pa.Super.1981) (appellant’s prior experiences as a criminal defendant are irrelevant to the question of whether a “penetrating and comprehensive” counsel waiver colloquy was conducted)."
} | 11,766,282 | b |
The case law insists that an effective waiver of counsel must include a colloquy that contains an inquiry into the six areas listed above, conducted on the record by the judge. "[A]ny shortcoming relative to this colloquy cannot be gauged to the quality of an accused's self-representation nor justified on the basis of his prior experience with the system." | {
"signal": "see also",
"identifier": "573 A.2d 1101, 1106",
"parenthetical": "that appellant has been advised of his right to counsel on appeal cannot be inferred from his having prior criminal record",
"sentence": "See also Commonwealth v. Davis, 393 Pa.Super. 88, 573 A.2d 1101, 1106 (Pa.Super.1990) (that appellant has been advised of his right to counsel on appeal cannot be inferred from his having prior criminal record)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "appellant's prior experiences as a criminal defendant are irrelevant to the question of whether a \"penetrating and comprehensive\" counsel waiver colloquy was conducted",
"sentence": "See Commonwealth v. Dale, 286 Pa.Super. 308, 428 A.2d 1006 (Pa.Super.1981) (appellant’s prior experiences as a criminal defendant are irrelevant to the question of whether a “penetrating and comprehensive” counsel waiver colloquy was conducted)."
} | 11,766,282 | b |
The case law insists that an effective waiver of counsel must include a colloquy that contains an inquiry into the six areas listed above, conducted on the record by the judge. "[A]ny shortcoming relative to this colloquy cannot be gauged to the quality of an accused's self-representation nor justified on the basis of his prior experience with the system." | {
"signal": "see",
"identifier": null,
"parenthetical": "appellant's prior experiences as a criminal defendant are irrelevant to the question of whether a \"penetrating and comprehensive\" counsel waiver colloquy was conducted",
"sentence": "See Commonwealth v. Dale, 286 Pa.Super. 308, 428 A.2d 1006 (Pa.Super.1981) (appellant’s prior experiences as a criminal defendant are irrelevant to the question of whether a “penetrating and comprehensive” counsel waiver colloquy was conducted)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "that appellant has been advised of his right to counsel on appeal cannot be inferred from his having prior criminal record",
"sentence": "See also Commonwealth v. Davis, 393 Pa.Super. 88, 573 A.2d 1101, 1106 (Pa.Super.1990) (that appellant has been advised of his right to counsel on appeal cannot be inferred from his having prior criminal record)."
} | 11,766,282 | a |
The case law insists that an effective waiver of counsel must include a colloquy that contains an inquiry into the six areas listed above, conducted on the record by the judge. "[A]ny shortcoming relative to this colloquy cannot be gauged to the quality of an accused's self-representation nor justified on the basis of his prior experience with the system." | {
"signal": "see also",
"identifier": "573 A.2d 1101, 1106",
"parenthetical": "that appellant has been advised of his right to counsel on appeal cannot be inferred from his having prior criminal record",
"sentence": "See also Commonwealth v. Davis, 393 Pa.Super. 88, 573 A.2d 1101, 1106 (Pa.Super.1990) (that appellant has been advised of his right to counsel on appeal cannot be inferred from his having prior criminal record)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "appellant's prior experiences as a criminal defendant are irrelevant to the question of whether a \"penetrating and comprehensive\" counsel waiver colloquy was conducted",
"sentence": "See Commonwealth v. Dale, 286 Pa.Super. 308, 428 A.2d 1006 (Pa.Super.1981) (appellant’s prior experiences as a criminal defendant are irrelevant to the question of whether a “penetrating and comprehensive” counsel waiver colloquy was conducted)."
} | 11,766,282 | b |
A defendant's making a profit does not preclude its receiving First Amendment protection. | {
"signal": "no signal",
"identifier": "385 U.S. 374, 396-97",
"parenthetical": "\" 'That books, newspapers, and magazines are published and sold for profit does not prevent them from being a form of expression whose liberty is safeguarded by the First Amendment.' \"",
"sentence": "Time Inc. v. Hill, 385 U.S. 374, 396-97, 87 S.Ct. 534, 17 L.Ed.2d 456 (1967) (“ ‘That books, newspapers, and magazines are published and sold for profit does not prevent them from being a form of expression whose liberty is safeguarded by the First Amendment.’ ”) (citations omitted)."
} | {
"signal": "see also",
"identifier": "332 F.3d 924, 924",
"parenthetical": "\"Speech is protected even though it is carried in a form that is sold for profit.\"",
"sentence": "See also ETW, 332 F.3d at 924 (“Speech is protected even though it is carried in a form that is sold for profit.”) (citations omitted) and (“The fact that expressive materials are sold does not diminish the degree of protection to which they are entitled under the First Amendment”) (citing City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 756 n. 5,108 S.Ct. 2138, 100 L.Ed.2d 771 (1988))."
} | 3,667,148 | a |
A defendant's making a profit does not preclude its receiving First Amendment protection. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\" 'That books, newspapers, and magazines are published and sold for profit does not prevent them from being a form of expression whose liberty is safeguarded by the First Amendment.' \"",
"sentence": "Time Inc. v. Hill, 385 U.S. 374, 396-97, 87 S.Ct. 534, 17 L.Ed.2d 456 (1967) (“ ‘That books, newspapers, and magazines are published and sold for profit does not prevent them from being a form of expression whose liberty is safeguarded by the First Amendment.’ ”) (citations omitted)."
} | {
"signal": "see also",
"identifier": "332 F.3d 924, 924",
"parenthetical": "\"Speech is protected even though it is carried in a form that is sold for profit.\"",
"sentence": "See also ETW, 332 F.3d at 924 (“Speech is protected even though it is carried in a form that is sold for profit.”) (citations omitted) and (“The fact that expressive materials are sold does not diminish the degree of protection to which they are entitled under the First Amendment”) (citing City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 756 n. 5,108 S.Ct. 2138, 100 L.Ed.2d 771 (1988))."
} | 3,667,148 | a |
A defendant's making a profit does not preclude its receiving First Amendment protection. | {
"signal": "see also",
"identifier": "332 F.3d 924, 924",
"parenthetical": "\"Speech is protected even though it is carried in a form that is sold for profit.\"",
"sentence": "See also ETW, 332 F.3d at 924 (“Speech is protected even though it is carried in a form that is sold for profit.”) (citations omitted) and (“The fact that expressive materials are sold does not diminish the degree of protection to which they are entitled under the First Amendment”) (citing City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 756 n. 5,108 S.Ct. 2138, 100 L.Ed.2d 771 (1988))."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\" 'That books, newspapers, and magazines are published and sold for profit does not prevent them from being a form of expression whose liberty is safeguarded by the First Amendment.' \"",
"sentence": "Time Inc. v. Hill, 385 U.S. 374, 396-97, 87 S.Ct. 534, 17 L.Ed.2d 456 (1967) (“ ‘That books, newspapers, and magazines are published and sold for profit does not prevent them from being a form of expression whose liberty is safeguarded by the First Amendment.’ ”) (citations omitted)."
} | 3,667,148 | b |
Applying these principles to Chapter 93A claims involving HAMP, courts have held that a bank's handling of efforts to obtain a home loan modification can be independently actionable under Chapter 93A, but only when the conduct is an unfair or deceptive business practice in and of itself. See Dill v. Am. Home Mortg. | {
"signal": "see also",
"identifier": "717 F.3d 240, 240",
"parenthetical": "\"Young's Chapter 93A claim ... includes defendants' handling of her entire case, beginning with the negotiations surrounding her forbearance agreement through her attempts to obtain a permanent loan modification.\"",
"sentence": "Servicing, Inc., 935 F.Supp.2d 299, 306 (D.Mass.2013) (Chapter 93A claim for misleading plaintiffs regarding criteria for HAMP modification and status of their modification application); Kozaryn v. Ocwen Loan Servicing, LLC, 784 F.Supp.2d 100, 102-03 (D.Mass.2011) (“A violation of HAMP that is unfair or deceptive in and of itself could, therefore, create a viable claim under Chapter 93A even though HAMP does not provide a private cause of action.”); see also Young, 717 F.3d at 240 (“Young’s Chapter 93A claim ... includes defendants’ handling of her entire case, beginning with the negotiations surrounding her forbearance agreement through her attempts to obtain a permanent loan modification.”)."
} | {
"signal": "no signal",
"identifier": "935 F.Supp.2d 299, 306",
"parenthetical": "Chapter 93A claim for misleading plaintiffs regarding criteria for HAMP modification and status of their modification application",
"sentence": "Servicing, Inc., 935 F.Supp.2d 299, 306 (D.Mass.2013) (Chapter 93A claim for misleading plaintiffs regarding criteria for HAMP modification and status of their modification application); Kozaryn v. Ocwen Loan Servicing, LLC, 784 F.Supp.2d 100, 102-03 (D.Mass.2011) (“A violation of HAMP that is unfair or deceptive in and of itself could, therefore, create a viable claim under Chapter 93A even though HAMP does not provide a private cause of action.”); see also Young, 717 F.3d at 240 (“Young’s Chapter 93A claim ... includes defendants’ handling of her entire case, beginning with the negotiations surrounding her forbearance agreement through her attempts to obtain a permanent loan modification.”)."
} | 4,064,251 | b |
Applying these principles to Chapter 93A claims involving HAMP, courts have held that a bank's handling of efforts to obtain a home loan modification can be independently actionable under Chapter 93A, but only when the conduct is an unfair or deceptive business practice in and of itself. See Dill v. Am. Home Mortg. | {
"signal": "no signal",
"identifier": "784 F.Supp.2d 100, 102-03",
"parenthetical": "\"A violation of HAMP that is unfair or deceptive in and of itself could, therefore, create a viable claim under Chapter 93A even though HAMP does not provide a private cause of action.\"",
"sentence": "Servicing, Inc., 935 F.Supp.2d 299, 306 (D.Mass.2013) (Chapter 93A claim for misleading plaintiffs regarding criteria for HAMP modification and status of their modification application); Kozaryn v. Ocwen Loan Servicing, LLC, 784 F.Supp.2d 100, 102-03 (D.Mass.2011) (“A violation of HAMP that is unfair or deceptive in and of itself could, therefore, create a viable claim under Chapter 93A even though HAMP does not provide a private cause of action.”); see also Young, 717 F.3d at 240 (“Young’s Chapter 93A claim ... includes defendants’ handling of her entire case, beginning with the negotiations surrounding her forbearance agreement through her attempts to obtain a permanent loan modification.”)."
} | {
"signal": "see also",
"identifier": "717 F.3d 240, 240",
"parenthetical": "\"Young's Chapter 93A claim ... includes defendants' handling of her entire case, beginning with the negotiations surrounding her forbearance agreement through her attempts to obtain a permanent loan modification.\"",
"sentence": "Servicing, Inc., 935 F.Supp.2d 299, 306 (D.Mass.2013) (Chapter 93A claim for misleading plaintiffs regarding criteria for HAMP modification and status of their modification application); Kozaryn v. Ocwen Loan Servicing, LLC, 784 F.Supp.2d 100, 102-03 (D.Mass.2011) (“A violation of HAMP that is unfair or deceptive in and of itself could, therefore, create a viable claim under Chapter 93A even though HAMP does not provide a private cause of action.”); see also Young, 717 F.3d at 240 (“Young’s Chapter 93A claim ... includes defendants’ handling of her entire case, beginning with the negotiations surrounding her forbearance agreement through her attempts to obtain a permanent loan modification.”)."
} | 4,064,251 | a |
We agree that he received something, and that it would be hard to call it anything but an appeal, but we cannot agree that what he received passed constitutional muster. The purpose of having counsel on appeal is to get a decision on the merits of the appealable issues the record presents. | {
"signal": "see also",
"identifier": "466 U.S. 648, 656",
"parenthetical": "\"[t]he right to the effective assistance of counsel is ... the right of the accused to require the prosecution's case to survive the crucible of meaningful adversarial testing\"",
"sentence": "See Lucey, supra, at 393, 105 S.Ct. 830 (“the services of a lawyer will for virtually every layman be necessary to present an appeal in a form suitable for appellate consideration on the merits”); 394 n. 6 (counsel is necessary “for the defendant to obtain a decision at all — much less a favorable decision — on the merits of the case”); 395 (“the Constitution cannot tolerate trials in which counsel, though present in name, is unable to assist the defendant to obtain a fair* decision on the merits”); see also United States v. Cronic, 466 U.S. 648, 656, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (“[t]he right to the effective assistance of counsel is ... the right of the accused to require the prosecution’s case to survive the crucible of meaningful adversarial testing”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "\"the services of a lawyer will for virtually every layman be necessary to present an appeal in a form suitable for appellate consideration on the merits\"",
"sentence": "See Lucey, supra, at 393, 105 S.Ct. 830 (“the services of a lawyer will for virtually every layman be necessary to present an appeal in a form suitable for appellate consideration on the merits”); 394 n. 6 (counsel is necessary “for the defendant to obtain a decision at all — much less a favorable decision — on the merits of the case”); 395 (“the Constitution cannot tolerate trials in which counsel, though present in name, is unable to assist the defendant to obtain a fair* decision on the merits”); see also United States v. Cronic, 466 U.S. 648, 656, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (“[t]he right to the effective assistance of counsel is ... the right of the accused to require the prosecution’s case to survive the crucible of meaningful adversarial testing”)."
} | 11,145,856 | b |
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