perceived error (Pennsylvania) · Go Syfert
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perceived error in Pennsylvania

40 Pennsylvania opinions name it 4 courts 1979–2026 17 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Commonwealth v. Rykardgreen
pasuperct · 2012 · cited in 10 Pennsylvania opinions naming this issue, 2016–2025
2 sentences

2020More recently, we noted that, [t]he purpose of a Rule 907 pre-dismissal notice is ‘to allow a petitioner an opportunity to seek leave to amend his petition and correct any material defects, the ultimate goal being to permit merits review by the PCRA court of potentially arguable claims.’ Commonwealth v. Rykard, [] 55 A.3d 1177, 1189 (Pa. Super. 2012)[.] The response to the Rule 907 notice ‘is an opportunity for a petitioner and/or his counsel to object to the dismissal and alert the PCRA court of a perceived error, permitting the court to discern the potential for amendment.’ Id.

2020More recently, we noted that, [t]he purpose of a Rule 907 pre-dismissal notice is ‘to allow a petitioner an opportunity to seek leave to amend his petition and correct any material defects, the ultimate goal being to permit merits review by the PCRA court of potentially arguable claims.’ Commonwealth v. Rykard, [] 55 A.3d 1177, 1189 (Pa. Super. 2012)[.] The response to the Rule 907 notice ‘is an opportunity for a petitioner and/or his counsel to object to the dismissal and alert the PCRA court of a perceived error, permitting the court to discern the potential for amendment.’ Id.

810
Commonwealth v. Smithgreen
pasuperct · 2015 · cited in 7 Pennsylvania opinions naming this issue, 2020–2026
2 sentences

2022However, we note that Appellant is free to pursue these claims in the PCRA court, as Rule 907 notice gives Appellant the opportunity to “alert the PCRA court of a perceived error [and] to object to counsel’s effectiveness at the PCRA level.” Commonwealth v. Smith, 121 A.3d 1049, 1054 (Pa.Super. 2015). -7-

2020Because there is no evidence of a Turner/Finley letter and the court did not issue Rule 907 notice, we must vacate and remand.3 Rule 907 notice gives Vo the opportunity to “alert the PCRA court of a perceived error [and] to object to counsel’s effectiveness at the PCRA level.” See Smith, supra. Accordingly, we remand for proper issuance of notice of the PCRA court’s intent to dismiss Vo’s petition, which the trial court shall issue within twenty days of this decision.

77
Commonwealth v. Williamsgreen
pa · 2001 · cited in 11 Pennsylvania opinions naming this issue, 2012–2021
2 sentences

2021The response is an opportunity for a petitioner and/or his counsel to object to the dismissal and alert the PCRA court of a perceived error, permitting the court to “discern the potential for amendment.” Id. at 527 .

2021The response is an opportunity for a petitioner and/or his counsel to object to the dismissal and alert the PCRA court of a perceived error, permitting the court to “discern the potential for amendment.” Id. at 527 .

311
Com. v. Vo, K.green
pasuperct · 2020 · cited in 3 Pennsylvania opinions naming this issue, 2021–2025
2 sentences

2025This is intended to afford a PCRA petitioner the opportunity to, inter alia, “correct any material defects” in the petition initially filed before the court. -7- J-S14023-25 Commonwealth v. Weimer, 167 A.3d 78, 86 (Pa. Super. 2017); see also Commonwealth v. Vo, 235 A.3d 365, 372 (Pa. Super. 2020) (“The response to the Rule 907 notice is an opportunity for a petitioner and/or his counsel to object to the dismissal and alert the PCRA court of a perceived error, permitting the court to discern the potential for amendment.”) (citation and quotation marks omitted).

2023Commonwealth v. Vo, 235 A.3d 365, 372 (Pa. Super. 2020) (citations and original brackets omitted). -7- J-S08007-23 of the petition, but an opinion was not, in fact, attached to, or filed with, said order nor was a copy of an opinion provided to Appellant.

33
Commonwealth v. Edmondsongreen
pa · 1998 · cited in 2 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025See Edmondson, 718 A.2d at 753 .

2025See Commonwealth v. Edmondson, 718 A.2d 751, 753 (Pa. 1998) (explaining that the requirement that a defendant make a timely, specific objection “in the trial court [to preserve an issue for appeal] ensures that the trial judge has a chance to correct alleged trial errors and - 19 - J-A22016-25 eliminates the possibility that the appellate court will be required to expend time and energy reviewing points on which no trial ruling has been made”).

22
Commonwealth v. Weimergreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025This is intended to afford a PCRA petitioner the opportunity to, inter alia, “correct any material defects” in the petition initially filed before the court. -7- J-S14023-25 Commonwealth v. Weimer, 167 A.3d 78, 86 (Pa. Super. 2017); see also Commonwealth v. Vo, 235 A.3d 365, 372 (Pa. Super. 2020) (“The response to the Rule 907 notice is an opportunity for a petitioner and/or his counsel to object to the dismissal and alert the PCRA court of a perceived error, permitting the court to discern the potential for amendment.”) (citation and quotation marks omitted).

2025“The ultimate goal of this process is to permit merit[s] review by the PCRA court of potentially arguable claims.” Weimer, 167 A.3d at 86 .

11
Federal Aviation Administration v. Coopergreen
scotus · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See generally F.A.A. v. Cooper, 566 U.S. 284, 291 (2012). - 10 - J-S01028-22 1279.

11
Commonwealth v. Leskogreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Commonwealth v. Lesko, 15 A.3d 345, 363-65 (Pa. 2011) (emphasis in original; footnotes omitted). [J-57-2020] - 14 Taking this background into account, we agree with the parties that the most natural understanding of what transpired in this matter is that the District Court’s March 7, 2017 order vacated appellant’s death sentence, which the common pleas court then effectively re-imposed through its March 20, 2019 order proclaiming that appellant’s “sentence of death stands.” Several proofs support this conclusion.

11
Reilly v. Southeastern Pennsylvania Transportation Authoritygreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020See Reilly, 489 A.2d at 1299 .

11
Commonwealth v. Venablegreen
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019In Commonwealth v. Venable, 200 A.3d 490, 499 (Pa. Super. 2018), we focused on the level of risk to others’ safety in order to determine whether there was probable cause to conduct a traffic stop based on careless driving.

11
Costopoulos v. Thornburghgreen
pa · 1979 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987See Application of Biester, 487 Pa. 438 , 409 A.2d 848 (1979).

1987See Application of Biester, 487 Pa. 438 , 409 A.2d 848 (1979).

11
Commonwealth v. Browngreen
pa · 1981 · cited in 1 Pennsylvania opinions naming this issue, 1986–1986
2 sentences

1986See Commonwealth v. Brown, 497 Pa. 7 , 438 A.2d 592 (1981). 1 In all three cases the Superior Court rejected the Commonwealth’s allegations of waiver by concluding that the record lacked evidence to support the Commonwealth’s burden of proving a waiver.

1986See Commonwealth v. Brown, 497 Pa. 7 , 438 A.2d 592 (1981). 1 In all three cases the Superior Court rejected the Commonwealth’s allegations of waiver by concluding that the record lacked evidence to support the Commonwealth’s burden of proving a waiver.

11
Thomas v. Collinsgreen
scotus · 1945 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
1 sentence

1979See Buckley v. Valeo, 424 U.S. 1, 44-45 (1976) (“[T]he constitutionality... turns on whether the governmental interests advanced . . . satisfy the exacting scrutiny applicable to limitations on core First Amendment rights of political expression.”); Sherbert v. Verner, 374 U.S. 398, 406 (1963); Sweezy v. New Hampshire, 354 U.S. 234, 265 (1957) (Frankfurter, J., concurring) (“For a citizen to be made to forego even a part of so basic a liberty as his political autonomy, the subordinating interest of the State must be compelling.”); Thomas v. Collins, 323 U.S. 516, 530 (1944); see also Black, Th

11
Sweezy v. New Hampshire Ex Rel. Wymangreen
scotus · 1957 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
1 sentence

1979See Buckley v. Valeo, 424 U.S. 1, 44-45 (1976) (“[T]he constitutionality... turns on whether the governmental interests advanced . . . satisfy the exacting scrutiny applicable to limitations on core First Amendment rights of political expression.”); Sherbert v. Verner, 374 U.S. 398, 406 (1963); Sweezy v. New Hampshire, 354 U.S. 234, 265 (1957) (Frankfurter, J., concurring) (“For a citizen to be made to forego even a part of so basic a liberty as his political autonomy, the subordinating interest of the State must be compelling.”); Thomas v. Collins, 323 U.S. 516, 530 (1944); see also Black, Th

11
Sherbert v. Vernergreen
scotus · 1963 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
1 sentence

1979See Buckley v. Valeo, 424 U.S. 1, 44-45 (1976) (“[T]he constitutionality... turns on whether the governmental interests advanced . . . satisfy the exacting scrutiny applicable to limitations on core First Amendment rights of political expression.”); Sherbert v. Verner, 374 U.S. 398, 406 (1963); Sweezy v. New Hampshire, 354 U.S. 234, 265 (1957) (Frankfurter, J., concurring) (“For a citizen to be made to forego even a part of so basic a liberty as his political autonomy, the subordinating interest of the State must be compelling.”); Thomas v. Collins, 323 U.S. 516, 530 (1944); see also Black, Th

11
Buckley v. Valeogreen
scotus · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
1 sentence

1979See Buckley v. Valeo, 424 U.S. 1, 44-45 (1976) (“[T]he constitutionality... turns on whether the governmental interests advanced . . . satisfy the exacting scrutiny applicable to limitations on core First Amendment rights of political expression.”); Sherbert v. Verner, 374 U.S. 398, 406 (1963); Sweezy v. New Hampshire, 354 U.S. 234, 265 (1957) (Frankfurter, J., concurring) (“For a citizen to be made to forego even a part of so basic a liberty as his political autonomy, the subordinating interest of the State must be compelling.”); Thomas v. Collins, 323 U.S. 516, 530 (1944); see also Black, Th

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Commonwealth v. Mason green
pa · 1985
2 sentences

1986Id., 507 Pa. at 399 , 490 A.2d at 422 .

1986Id., 507 Pa. at 399 , 490 A.2d at 422 .

21985–1986
Dixon v. Cameron County School District green
pacommwct · 2002
1 sentence

2026“A demurrer should be sustained only in cases that are free from doubt and only when it appears with certainty that the law permits no recovery under the allegations made.” Id. 6 declaratory judgments or to enforce this chapter by injunction or other remedy deemed approptranriate [sic] by the court.” 2. [The trial court] erred by not applying the law as stated and codified, §706(4) “The names of all citizens who appeared officially and the subject of their testimony.” 3. [The trial court] erred by not recognizing §710.1(b) “Any person has the right to raise an objection at any time to a percei

12026–2026
TTSP Corp. v. The Rose Corp. green
pasuperct · 2019
1 sentence

2022For example, in TTSP, the parties executed a contract that provided for arbitration even though the clause at issue did not include the terms “arbitration” or “arbitrator.” Id. at ____________________________________________ 10 The phrase “magic words” generally refers to a perceived requirement that certain words must be explicitly stated to effectuate a particular construction, interpretation, or holding.

12022–2022
L.A.L. v. V.D. green
pasuperct · 2013
1 sentence

2016The trial court also seems to have deemed section 5325(2) standing either unavailing in light of the perceived waiver bar or, instead, inapplicable because the Children’s parents were never married.5 Regardless of the confounding nature of the record on this point, we reject the trial court’s position in either case, as no waiver bar applied, and our decision in L.A.L., supra, construed section 5325(2) to grant standing even if parents had never married.

12016–2016
Giordano v. A.C. & S. Inc. green
pasuperct · 1995
2 sentences

2004The perceived principle that we must consider only the judgment attributable to an individual defendant is derived from Giordano v. AC & S, Inc., 446 Pa.Super. 232 , 666 A.2d 710 (1995).

2004The perceived principle that we must consider only the judgment attributable to an individual defendant is derived from Giordano v. AC & S, Inc., 446 Pa.Super. 232 , 666 A.2d 710 (1995).

12004–2004
O'Merle v. Monroe County Board of Assessment Appeals green
pacommwct · 1986
1 sentence

1993In O’Merle v. Monroe County Board of Assessment Appeals, 95 Pa.Commonwealth Ct. 141, 504 A.2d 975 (1986), this court recognized the limited nature of the Callas exception; we find O’Merle to be controlling here.

11993–1993

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9545 (9) PA § 42 Pa. Cons. Stat. § 9543 (4) PA § 18 Pa. Cons. Stat. § 2502 (3) PA § 18 Pa. Cons. Stat. § 3121 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 40 (1979–2026) NY 32 (1983–2026) TX 30 (1986–2022) VA 28 (1998–2025) FL 28 (1992–2023) IL 22 (1988–2026) OH 15 (1989–2023) CA 12 (1994–2025) RI 10 (2001–2021) OR 10 (1993–2025) LA 9 (2010–2019) SC 7 (2012–2025) MS 6 (2002–2012) NE 5 (2016–2025) NJ 5 (2001–2026) MI 5 (1980–2018) IN 4 (2002–2019) NM 4 (2010–2021) WA 4 (2021–2026) MO 3 (2016–2019) TN 3 (2005–2018) OK 3 (1994–2026) KY 3 (2005–2022) AZ 2 (1973–2024) KS 2 (2000–2018) MA 2 (2001–2020) MN 2 (1986–1986) CO 2 (2004–2010) WI 2 (2000–2015) CT 2 (2009–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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