green
Positive treatment
Issue: non-waivable challengePA ↗
Issue: may entertain challengePA ↗
Issue: collateral claimPA ↗
Quoted verbatim 1×
7.8 score
G Cite
cited 6× by 6 distinct cases, 2007–2020 ·
…an issue is waived if it could have been raised prior to the filing of the pcra petition, but was not.
⚠ not in text
Topic ↗
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006
2016
2026
Top citers, strongest first. 7 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Com. v. Crum, G.
a court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim.
cited
Cited "see"
Com. v. Steck, J.
See Commonwealth v. Berry, 877 A.2d 479, 482 (Pa. Super. 2005), appeal denied, 917 A.2d 844 (Pa. 2007).
discussed
Cited "see"
Com. v. Deng, W.
See Commonwealth v. Bongiorno, 905 A.2d 998, 1000 (Pa.Super. 2006) (en banc), appeal denied, 591 Pa. 688 , 917 A.2d 844 (2007) (stating: “Our law is unequivocal that the responsibility rests upon the appellant to ensure that the record certified on appeal is complete in the sense that it contains all of the materials necessary for the reviewing court to perform its duty”). - 15 - J-S43014-16 to Ms. Borst’s and Dr. Cotner’s involvement in the LHU administrative proceeding, but the Commonwealth previously had identified only Ms. Borst as a potential trial witness.
discussed
Cited "see, e.g."
Com. v. Lowman, N.
See also Commonwealth v. Berry, 877 A.2d 479 (Pa.Super. 2005) (en banc), appeal denied, 591 Pa. 688 , 917 A.2d 844 (2007) (assuming court’s jurisdiction is proper, challenges to legality of sentence are not subject to waiver).
discussed
Cited "see, e.g."
Com. v. Lincoln, R.
See, e.g., Commonwealth v. Bongiorno, 905 A.2d 998 (Pa.Super. 2006) (en banc), appeal denied, 591 Pa. 688 , 917 A.2d 844 (2007) (stating: Pennsylvania “law is unequivocal that the responsibility rests upon the appellant to ensure that the record certified on appeal is complete in the sense that it contains all of the materials necessary for the reviewing court to perform its duty. … Under [Pa.R.A.P.] 1926, an appellate court may direct that an omission or misstatement shall be corrected through the filing of a supplemental certified record.
discussed
Cited "see, e.g."
Com. v. Mann, S.
See also Commonwealth v. Fowler, 930 A.2d 586, 592 (Pa.Super. 2007) quoting Commonwealth v. Berry, 877 A.2d 479, 482 (Pa.Super. 2005)(en bane), appeal denied, 591 Pa. 688 , 917 A.2d 844 (2007). 19 Beyond the repeated generality that his " ... constitutional rights were infringed ... ," the Defendant does not detail with meaningful specificity the federal and/or Commonwealth constitutional protection supposedly contravened and/or the nature of these purported constitutional violations.
discussed
Cited "see, e.g."
Com. v. Brown, A.
See also Commonwealth v. Berry, 877 A.2d 479 (Pa.Super. 2005) (en banc), appeal denied, 591 Pa. 688 , 917 A.2d 844 (2007) (explaining challenges to legality of sentence are non-waiveable, assuming jurisdiction is proper).4 ____________________________________________ 4 The trial court interprets Appellant’s claims as challenging the underlying convictions rather than the legality of the sentences for those convictions.
Retrieving the full opinion text from the archive…
COM.
v.
BROOKS.
v.
BROOKS.
753 MAL (2006).
Supreme Court of Pennsylvania.
Dec 27, 2006.
917 A.2d 844
Cited by 1 opinion | Published
Citer courts: Superior Court of Pennsylvania (1)
Disposition of petition for allowance of appeal. Denied.