Fuller challenge (Pennsylvania) · Go Syfert
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Fuller challenge in Pennsylvania

5 Pennsylvania opinions name it 1 courts 2007–2024 2 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 (6)

CaseFollowedCited
Commonwealth v. Ivygreen
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Commonwealth v. Ivy, 146 A.3d 241, 255 (Pa. Super. 2016) (noting this Court may consider the issue of jurisdiction sua sponte). ____________________________________________ 1 18 Pa.C.S.A. §§ 6318(a)(5) and 6301(a)(1)(ii), respectively. -2- J-S30015-24 Fuller’s motion to modify sentence claimed the court utilized the incorrect sentencing guideline ranges in imposing his sentence because it used the wrong offense gravity score (“OGS”).

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Commonwealth v. Perringreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024“Our Supreme Court has made clear that the section 9545(b)1)(ii) exception will not apply to alleged ineffective assistance of counsel claims, even if the claims were not knowable until advised of their existence by present counsel.” -8- J-S01027-24 Commonwealth v. Perrin, 947 A.2d 1284, 1287 (Pa. Super. 2008) (citations omitted).

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Commonwealth v. Bullockgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See id.

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Commonwealth v. Priestgreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See Priest, 18 A.3d at 1239 ; Minnis, 458 A.2d at 233 .

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Ohree v. Commonwealthgreen
vactapp · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007See Ohree v. Commonwealth, 26 Va.App. 299 , 494 S.E.2d 484, 490 (1998) (stating that Fuller’s doctrine is not limited to court-appointed attorney’s fees, but applies to all “other costs of prosecution.”).

2007See Ohree v. Commonwealth, 26 Va.App. 299 , 494 S.E.2d 484, 490 (1998) (stating that Fuller’s doctrine is not limited to court-appointed attorney’s fees, but applies to all “other costs of prosecution.”).

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United States v. Robert Hutchingsgreen
ca2 · 1985 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007The court ultimately rejected the defendant’s Fuller challenge and concluded that the defendant can only raise a constitutional objection on the ground of his indigence when “the government seeks to enforce the court’s order for costs ... [and] the defendant [is] unable, through no fault of his own, to comply.” Id. at 14-15 (citation and internal quotation marks omitted). ¶ 12 We find the above-mentioned case law persuasive and conclude that Fuller compels a trial court only to make a determination of an indigent defendant’s ability to render payment before he/she is committed.

2007The court ultimately rejected the defendant’s Fuller challenge and concluded that the defendant can only raise a constitutional objection on the ground of his indigence when “the government seeks to enforce the court’s order for costs ... [and] the defendant [is] unable, through no fault of his own, to comply.” Id. at 14-15 (citation and internal quotation marks omitted). ¶ 12 We find the above-mentioned case law persuasive and conclude that Fuller compels a trial court only to make a determination of an indigent defendant’s ability to render payment before he/she is committed.

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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 (1)

CaseCitedYears
Commonwealth v. Minnis green
pasuperct · 1983
1 sentence

2015See Priest, 18 A.3d at 1239 ; Minnis, 458 A.2d at 233 .

12015–2015

Where else courts name it

GA 14 (1885–2025) MA 9 (1990–2016) TX 9 (1996–2021) MI 5 (1977–2017) AL 5 (1989–2015) OH 5 (2011–2022) CA 5 (1952–2022) PA 5 (2007–2024) IL 3 (1983–2019) NY 3 (1993–2017) NJ 3 (1986–2012) MD 3 (1973–2002) FL 3 (1973–2013) OK 2 (1915–2024) IN 2 (1945–1957) ND 2 (1913–2000) NE 2 (2009–2025) WI 2 (1973–2026) IA 2 (1981–1997) MT 2 (1996–2009) KS 2 (1923–1925) KY 2 (1997–2025) WA 2 (2012–2018)

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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