Commonwealth v. Abraham, 9 A.3d 1133 (Pa. 2010). · Go Syfert
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Commonwealth v. Abraham, 9 A.3d 1133 (Pa. 2010). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case · …here is no independent finding of scienter needed to trigger forfeiture . there is an element of scienter, but that is found in the underlying criminal act.... ⚠ not in text
15 citation events (15 in the last 25 years) across 5 distinct courts.
Strongest positive: Johnson v. Allegheny Intermediate Unit (pacommwct, 2012-12-13)
Top citers, strongest first. 3 distinct citers. How cited ↗
examined Cited as authority (quoted) Johnson v. Allegheny Intermediate Unit (2×)
Pa. Commw. Ct. · 2012 · quote attribution · 2 verbatim quotes · confidence low
here is no independent finding of scienter needed to trigger forfeiture . there is an element of scienter, but that is found in the underlying criminal act....
discussed Cited "see" Commonwealth v. Wah (2×)
Pa. Super. Ct. · 2012 · signal: see · confidence high
See Commonwealth v. Abraham, 996 A.2d 1090, 1092 (Pa.Super.2010), appeal granted in part, 607 Pa. 618 , 9 A.3d 1133 (2010) (stating that, “Under Padilla, it is unclear if the direct/collateral analysis is still viable,” and holding that counsel was obliged to warn his client of the loss of his pension rights as a direct consequence of pleading guilty).
discussed Cited "see" Commonwealth v. Garcia (2×)
Pa. Super. Ct. · 2011 · signal: see · confidence high
See Commonwealth v. Abraham, 996 A.2d *1065 1090, 1092-1093 (Pa.Super.2010), appeal granted in part, 607 Pa. 618 , 9 A.3d 1133 (2010) 7 (“Padilla harkens back to the original Strickland concept, adopted by our Supreme Court in Pierce, of examining the totality of the circumstances to determine what advice must be given to have a fully informed guilty plea.”); Commonwealth v. Lynch, 820 A.2d 728 (Pa.Super.2003) (holding the Sixth Amendment guarantees the effective assistance of counsel at all stages of a criminal proceeding, including during the plea process); Commonwealth v. Hickman, 799 A…
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania, Petitioner
v.
Joseph ABRAHAM, Respondent
305 WAL 2010.
Supreme Court of Pennsylvania.
Nov 30, 2010.
9 A.3d 1133
Melvin.
Cited by 6 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 76%
Citer courts: Commonwealth Court of Pennsylv… (2)

ORDER

PER CURIAM.

AND NOW, this 30th day of November 2010, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, rephrased for clarity, are:

(1) Whether, in light of Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), the distinction in Pennsylvania between direct and collateral consequences to define the scope of constitutionally “reasonable professional assistance” required under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) is appropriate?

[*619] (2) If so, whether the forfeiture of a pension that stems from a public school teacher’s negotiated plea to crimes committed in the scope of his employment is a collateral consequence of a criminal conviction which relieves counsel from any affirmative duty to investigate and advise?

Justice ORIE MELVIN did not participate in the consideration or decision of this matter.