appellant may raise claim (Pennsylvania) · Go Syfert
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appellant may raise claim in Pennsylvania

5 Pennsylvania opinions name it 1 courts 2014–2025 3 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 (2)

CaseFollowedCited
Commonwealth v. Delgros, E., Aplt.green
pa · 2018 · cited in 2 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024However, this exception only applies to petitioners in the PCRA (Footnote Continued Next Page) -5- requires “trial courts to address claims challenging trial counsel’s performance where the defendant is statutorily precluded from obtaining subsequent PCRA review.” Commonwealth v. Delgros, 183 A.3d 352, 361 (Pa. 2018).6 Thus, we must ascertain whether Watson meets either of the Holmes exceptions.

2024However, this exception only applies to petitioners in the PCRA (Footnote Continued Next Page) -5- requires “trial courts to address claims challenging trial counsel’s performance where the defendant is statutorily precluded from obtaining subsequent PCRA review.” Commonwealth v. Delgros, 183 A.3d 352, 361 (Pa. 2018).6 Thus, we must ascertain whether Watson meets either of the Holmes exceptions.

22
Commonwealth v. Burnogreen
pa · 2014 · cited in 2 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024See Commonwealth v. Burno, 94 A.3d 956, 971 (Pa. 2014) (citation omitted). 5 In Commonwealth v. Bradley, 261 A.3d 381 (Pa. 2021), the Supreme Court recently suggested an additional limited circumstance where an appellant may raise a claim of ineffective assistance of counsel outside of a PCRA petition.

2024See Commonwealth v. Burno, 94 A.3d 956, 971 (Pa. 2014) (citation omitted). 5 In Commonwealth v. Bradley, 261 A.3d 381 (Pa. 2021), the Supreme Court recently suggested an additional limited circumstance where an appellant may raise a claim of ineffective assistance of counsel outside of a PCRA petition.

22

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 (2)

CaseCitedYears
Commonwealth v. Cartrette green
pasuperct · 2013
2 sentences

2014Rather, in the argument section of his brief, Appellant focuses on the issues listed above that present challenges to the 3 Compare Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (holding that an appellant may raise a challenge to the discretionary aspects of a sentence imposed following the revocation of probation and that this case, we are not faced with a challenge to a new sentence following the revocation of probation.

2014Cartrette, 83 A.3d at 1034 .

22014–2014
Com. v. Watson, F. green
pasuperct · 2024
1 sentence

2025However, this exception only applies to petitioners in the PCRA stage of proceedings.” Watson, 310 A.3d at 311 n.5 (citing Bradley, 261 A.3d at 401).

12025–2025

Where else courts name it

TX 14 (2003–2024) WA 8 (2016–2021) PA 5 (2014–2025)

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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