2011 Pa. Super. 232 - Commonwealth v. Pena’s Empirical Analysis
2011
Citation profile
6
cited by 6 later decisions
1
states following
October 2019
most recently cited
6 state decisions
Relationships
Relies on Rosche v. McCoy · Commonwealth v. Delbridge · Commonwealth v. Torres · Commonwealth v. Washington · Yount v. Pennsylvania Department of Corrections
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Pennsylvania Supreme Court has defined “taint” as ... the implantation of false memories or distortion of actual memories through improper and suggestive interview techniques^] Within the three-part test described above, [t]aint speaks to the second prong ..., the mental capacity to observe the occurrence itself and the capacity of remembering what it is that the witness is called upon to testify about. In discussing testimonial competency, Pennsylvania courts have clearly and unequivocally stated that taint is only a legitimate question for examination in cases involving complaints of sexual abuse made by young children.... Further, the concerns underlying the three-part test for evaluating the testimonial competency of minors become less relevant as the witness’s age increases, ultimately being rendered totally irrelevant as a matter of law by age fourteen. In Commonwealth v. Moore, 980 A.2d 647 (Pa.Super.2009), this Court reiterated that the critical age for purposes of conducting a taint hearing is not the age at the time of the crime but the age at the time of trial.”
1 later decision quote this exact passage“Every witness is presumed competent. A party who challenges the competency of a minor witness must prove by clear and convincing evidence that the witness lacks the minimal capacity ... (1) to communicate, (2) to observe an event and accurately recall that observation, and (3) to understand the necessity to speak the truth.”
1 later decision quote this exact passage“Our standard of review recognizes that [a] child’s competency to testify is a threshold legal issue that a trial court must decide, and an appellate court will not disturb its determination absent an abuse of discretion. Our scope of review is plenary.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.