Com. v. Hoak

Decision Date19 August 1999
Citation734 A.2d 1275,557 Pa. 496
PartiesCOMMONWEALTH of Pennsylvania, Appellee, v. Mark K. HOAK, Appellant.
CourtPennsylvania Supreme Court

Veronica Anzalone Smith, Grove City, for Mark K. Hoak.

James P. Epstein, Mercer, for Com. of Pennsylvania.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

ORDER

PER CURIAM:

AND NOW, this 19th day of August, 1999, the Court being evenly divided, the Order of the Superior Court is affirmed.

Justices CAPPY, CASTILLE and NEWMAN would affirm.

Chief Justice FLAHERTY and Justices ZAPPALA and NIGRO would reverse.

Justice SAYLOR did not participate in the consideration or decision of this case.

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9 cases
  • Padilla v. Miller
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • 17 Noviembre 1999
    ...Court addressed a similar situation in Commonwealth v. Hoak, 700 A.2d 1263 (Pa.Super.1997), aff'd by evenly divided court, 557 Pa. 496, 734 A.2d 1275 (1999). In Hoak, the Court held that Hoak was not seized under the Fourth Amendment when he responded to questions from an officer after the ......
  • People v. Robinson
    • United States
    • New York Court of Appeals Court of Appeals
    • 18 Diciembre 2001
    ...405, 409, 940 P2d 1200, 1204 [1997]); Commonwealth v Hoak (700 A2d 1263, 1268 [Pa Super Ct 1997], affd by an evenly divided court 557 Pa 496, 734 A2d 1275 [1999]); State v Trudeau (165 Vt 355, 359 n 3, 683 A2d 725, 728 n 3 [1996]); State v Rutzinski (241 Wis 729, 736, 623 NW2d 516, 520 [200......
  • Com. v. Strickler
    • United States
    • Pennsylvania Supreme Court
    • 24 Agosto 2000
    ...the basis of its decision in Commonwealth v. Hoak, 700 A.2d 1263 (Pa.Super. 1997) (en banc), aff'd by an equally divided court,557 Pa. 496, 734 A.2d 1275 (1999), that the trial court had erred in granting Strickler's suppression motion. Acknowledging that the Upper Allen Township police off......
  • Com. v. Phinn
    • United States
    • Pennsylvania Superior Court
    • 16 Octubre 2000
    ...A.2d 654, 659 (1999)). ¶ 20 In Commonwealth v. Hoak, 700 A.2d 1263 (Pa.Super.1997) (en banc), aff'd by an equally divided court,557 Pa. 496, 734 A.2d 1275 (1999), this court held that valid consent to search a vehicle arises which is voluntary and not the result of an investigative detentio......
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