Commonwealth v. Collins, 424 A.2d 1254 (Pa. 1981). · Go Syfert
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Commonwealth v. Collins, 424 A.2d 1254 (Pa. 1981). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …in deciding whether to move to modify sentence, counsel must carefully consider whether the record created at the sentencing proceeding is adequate for appellate review of the issues, or the issues may be waived. at p. 1254 ⚠ not in text
cited 2× by 2 distinct cases, 2017–2020 · …issues not raised in the lower court are waived and cannot be raised for the first time on appeal. at p. 1254 ⚠ not in text
cited 2× by 1 distinct case · …that objections not raised during a counseled revocation proceeding will not be considered on appeal ⚠ not in text
44 citation events (28 in the last 25 years) across 2 distinct courts.
Strongest positive: Com. v. Redshaw, W. (pasuperct, 2014-12-18)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Com. v. Redshaw, W.
Pa. Super. Ct. · 2014 · quote attribution · 1 verbatim quote · confidence high
the failure to interpose ... objections during probation revocation proceedings at any time in the court below precludes their consideration on appeal.
discussed Cited as authority (rule) Com. v. Potoczny, J.
Pa. Super. Ct. · 2026 · confidence medium
P. 708 (cmt.) (“In deciding whether to move to modify sentence, counsel must carefully consider whether the record created at the sentencing proceeding is adequate for appellate review of the issues, or the issues may be waived.”); Commonwealth v. Collins, 424 A.2d 1254, 1254 (Pa. 1981) (petitioner waived claims regarding inadequate notice, denial of right to confront adverse witnesses, speediness of revocation hearing, and failure to comport with due process by not raising them during counselled revocation proceeding); see also Commonwealth v. Morales, No. 843 EDA 2018, 2019 WL 1988493 , …
discussed Cited as authority (rule) Com. v. Potoczny, J.
Pa. Super. Ct. · 2026 · confidence medium
P. 708 (cmt.) (“In deciding whether to move to modify sentence, counsel must carefully consider whether the record created at the sentencing proceeding is adequate for appellate review of the issues, or the issues may be waived.”); Commonwealth v. Collins, 424 A.2d 1254, 1254 (Pa. 1981) (petitioner waived claims regarding inadequate notice, denial of right to confront adverse witnesses, speediness of revocation hearing, and failure to comport with due process by not raising them during counselled revocation proceeding); see also Commonwealth v. Morales, No. 843 EDA 2018, 2019 WL 1988493 , …
examined Cited as authority (rule) Com. v. Miller, S. (3×) also: Cited "see"
Pa. Super. Ct. · 2022 · confidence medium
See Commonwealth v. Marchesano, 544 A.2d 1333, 1336 (Pa. 1988) (“[A]ssuming appellee’s original counsel had timely asserted his delay claim it would have been evaluated . . . by an inquiry into the circumstances of the individual case.”); Collins, supra at 1254 (finding written notice and speedy revocation hearing -6- J-A11014-22 claims not raised by specific exception in the revocation court were waived for purposes of appellate review); Commonwealth v. Ziegler, 428 A.2d 220 (Pa.Super. 1981) (holding that a speedy revocation hearing claim was waived if not raised at a revocation hearing…
discussed Cited as authority (rule) Com. v. Moore, V.
Pa. Super. Ct. · 2020 · confidence medium
See Pa.R.A.P. 302(a) (“Issues not raised in the lower court are waived and cannot be raised for the first time on appeal.”); Commonwealth v. Collins, 424 A.2d 1254, 1255 (Pa. 1981) (holding appellant waived claim that “he was denied a speedy revocation hearing” when he failed to object during the revocation hearing).
cited Cited as authority (rule) Com. v. Joyner, M.
Pa. Super. Ct. · 2018 · confidence medium
Commonwealth v. Collins, 492 Pa. 405, 407 , 424 A.2d 1254, 1254 (1981).
discussed Cited as authority (rule) Com. v. Elliott, D.
Pa. Super. Ct. · 2017 · confidence medium
See Pa.R.A.P. 302(a) (“Issues not raised in the lower court are waived and cannot be raised for the first time on appeal.”); -3- J-S06009-17 Commonwealth v. Collins, 424 A.2d 1254, 1254 (Pa. 1981) (holding failure to raise claim that appellant was denied a speedy revocation hearing “at any time in the court below precludes their consideration on appeal”).
cited Cited as authority (rule) Commonwealth v. Marchesano
Pa. · 1985 · confidence medium
Id., 492 Pa. at 406-07 , 424 A.2d at 1254 (emphasis added).
discussed Cited "see" Com. v. Fabec, F.
Pa. Super. Ct. · 2026 · signal: see · confidence high
See Commonwealth v. Collins, 424 A.2d 1254, 1254 (Pa. 1981) (holding objections to notice, a speedy revocation hearing, confrontation rights, and sentencing were waived because not raised below); Commonwealth v. Miller, 283 A.3d 376 (Pa.Super. 2022) (deeming sufficiency challenge waived where Miller stipulated to failing to comply with a specific condition of probation).
discussed Cited "see" Com. v. Clayborne, L.
Pa. Super. Ct. · 2026 · signal: see · confidence high
See Commonwealth v. Collins, 424 A.2d 1254, 1254 (Pa. 1981) (holding that probationer must preserve objection to inadequate notice before trial court); (Footnote Continued Next Page) -9- J-A18018-25 Clayborne’s probation in the 2020 case and sentenced him to one to thirty days in jail and a one-year term of probation.
discussed Cited "see" Com. v. Williams, D. (2×)
Pa. Super. Ct. · 2024 · signal: see · confidence high
See Commonwealth v. Collins, 492 Pa. 405 , 424 A.2d 1254 (1981) (per curiam) (holding the appellant’s claim he was denied a speedy revocation hearing was waived since counsel did not object on this basis during the revocation hearing); Commonwealth v. Reed, 285 A.3d 334 (Pa.Super. 2022) (holding allegation that violator received inadequate notice was waived for failing to raise an objection in the revocation court); Commonwealth v. Miller, 283 ____________________________________________ probation was violated, or unnecessary restraint of personal liberty.” Commonwealth v. Clark, 847 A.2d …
discussed Cited "see" Com. v. Reed, B. (2×)
Pa. Super. Ct. · 2022 · signal: see · confidence high
See Commonwealth v. Collins, 424 A.2d 1254 (Pa. 1981) (holding that allegation that violator received inadequate notice was waived for failing to raise an objection in the VOP court); Commonwealth v. Miller, 1689 EDA 2021, 2022 WL 2813609 at *2 (Pa. Super. filed July 9, 2022) (non-precedential decision) (recognizing the “well- established” rule “that objections not raised during a [counseled] revocation proceeding will not be considered on appeal”).
discussed Cited "see" Com. v. Horning, E.
Pa. Super. Ct. · 2021 · signal: see · confidence high
See Commonwealth v. King, 430 A.2d 990 (Pa. Super. 1981) (citing Commonwealth v. Collins, 424 A.2d 1254 (Pa. 1981)) (holding that objections not raised during a counselled revocation proceeding will not be considered on appeal); see also Pa.R.A.P. 302(a) (“Issues not raised in lower court are waived and cannot be raised for the first time on appeal.”).
discussed Cited "see" Com. v. Morales, T.
Pa. Super. Ct. · 2019 · signal: see · confidence high
See Commonwealth v. King, 430 A.2d 990 (Pa. Super. 1981) (citing Commonwealth v. Collins, 424 A.2d 1254 (Pa. 1981) (holding that objections not raised during a counselled revocation proceeding will not be considered on appeal); see also Pa.R.A.P. 302(a) (“Issues not raised in ____________________________________________ 3 We note that although Appellant uses the term “plea,” he is actually challenging the validity of his stipulation to violating probation. -4- J-S11009-19 lower court are waived and cannot be raised for the first time on appeal.”).4 We conclude that Appellant failed to …
discussed Cited "see" Com. v. Smith, K.
Pa. Super. Ct. · 2019 · signal: see · confidence high
See Commonwealth v. Collins, 424 A.2d 1254 (Pa. 1981) (holding that allegation violator received inadequate notice was waived; “A review of the record . . . reflects that these objections were not raised during that proceeding.
discussed Cited "see" Com. v. Brown, K. (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2018 · signal: see · confidence high
See King, 430 A.2d at 991 (citing Commonwealth v. Collins, 424 A.2d 1254, 1254 (Pa. 1981), and holding that objections not raised during a counselled revocation proceeding will not be considered on appeal).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania,
v.
Ricky COLLINS, Appellant
767.
Supreme Court of Pennsylvania.
Jan 30, 1981.
424 A.2d 1254
1981 Pa. LEXIS 611
Stanley M. Shingles, Philadelphia, for appellant., Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Jane C. Greenspan, Asst. Dist. Atty., for appellee.
O'Brien, Roberts, Nix, Larsen, Flaherty, Kauffman.
Cited by 21 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: Superior Court of Pennsylvania (1)

OPINION

PER CURIAM.

On November 17, 1970, appellant Ricky Collins pled guilty to murder and other related offenses. On December 1,1971,[*406] appellant was sentenced by Judge McDermott of the Court of Common Pleas of Philadelphia County to concurrent probationary periods of 10 years on the murder charge and two of the related offenses (burglary and aggravated robbery). Sentence was suspended on the remaining charges.

In April 1975, while on probation, appellant was arrested and indicted for theft and resisting arrest. Appellant was adjudged guilty only for the theft charge. Thereafter on November 25, 1975, appellant was arrested for rape and related charges. On December 11, 1975, appellant was sentenced to 23 months imprisonment for the theft charge.

Subsequently, appellant was tried on the rape charge and, although convicted, was granted a new trial following post-verdict motions. On March 1, 1977, he was again tried and found guilty on the rape and related crimes and was sentenced on May 27,1977 to two concurrent 5 to 10 year terms of imprisonment for these offenses.

On January 27, 1976, appellant was first brought before Judge McDermott for a violation of probation hearing. At the time, the matter was continued, pending the outcome of the rape case. This continuance was agreed to by both sides. On April 12, 1977, following verdict in the rape case, a second continuance was agreed to until the imposition of sentence. Finally, on November 9,1977, the probation violation hearing was held. The probation initially entered for the murder charge was revoked and appellant was sentenced to 5 to 10 years imprisonment under that indictment. Probation on the other charges before Judge McDermott was continued.

Appellant now raises several objections to the violation of probation proceeding. He contends that there was inadequate notice given to him; that he was denied the right to confront adverse witnesses; that he was denied a speedy revocation hearing; and that the sentencing process failed to comport with due process.

A review of the record of the counselled revocation proceeding before Judge McDermott reflects that these objec[*407] tions were not raised during that proceeding. The failure to interpose these objections at any time in the court below precludes their consideration on appeal. Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974).

Accordingly, the order of the court below is affirmed.