section 4(b) constitutes a waiver (Pennsylvania) · Go Syfert
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section 4(b) constitutes a waiver in Pennsylvania

26 Pennsylvania opinions name it 2 courts 1967–1990 0 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. Tunnellgreen
pa · 1975 · cited in 4 Pennsylvania opinions naming this issue, 1975–1978
2 sentences

1976Appellant’s contention that his guilty plea was involuntary in that it was not knowingly and intelligently made was cognizable on direct appeal and his failure to so raise it, absent “extraordinary circumstances,” constitutes a waiver pursuant to Section 4(b) of the Post Conviction Hearing Act, supra. Commonwealth v. Tunnell, 463 Pa. 462 , 345 A.2d 611, 612 (1975).

1976Appellant’s contention that his guilty plea was involuntary in that it was not knowingly and intelligently made was cognizable on direct appeal and his failure to so raise it, absent “extraordinary circumstances,” constitutes a waiver pursuant to Section 4(b) of the Post Conviction Hearing Act, supra. Commonwealth v. Tunnell, 463 Pa. 462 , 345 A.2d 611, 612 (1975).

24
Commonwealth v. Kizergreen
pa · 1967 · cited in 4 Pennsylvania opinions naming this issue, 1968–1975
2 sentences

1975Cf. Commonwealth v. Kizer, 428 Pa. 99, 102 , 236 A. 2d 515, 516 (1967) we should be loath to impose §4’s waiver provisions against a prisoner who lacked counsel’s advice as to the possible appellate procedures available.”

1975Cf. Commonwealth v. Kizer, 428 Pa. 99, 102 , 236 A. 2d 515, 516 (1967) we should be loath to impose §4’s waiver provisions against a prisoner who lacked counsel’s advice as to the possible appellate procedures available.”

24
Commonwealth v. Snydergreen
pa · 1967 · cited in 3 Pennsylvania opinions naming this issue, 1968–1974
2 sentences

1974Commonwealth v. Johnson, supra, Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530 (1967); Commonwealth v. Kravitz, 441 Pa. 79 , 269 A. 2d 912 (1970).

1974Commonwealth v. Johnson, supra, Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530 (1967); Commonwealth v. Kravitz, 441 Pa. 79 , 269 A. 2d 912 (1970).

23
Commonwealth v. Hillgreen
pa · 1974 · cited in 2 Pennsylvania opinions naming this issue, 1975–1978
2 sentences

1978Appellant's contention that his plea was invalid was cognizable on direct appeal, Commonwealth v. Greer, 457 Pa. 646 , 326 A.2d 338 (1974); Commonwealth v. Hill, 457 Pa. 1, 7 , 319 A.2d 886, 890 (1974), and a failure to so raise it, absent extraordinary circumstances to justify such failure, constitutes a waiver under section 4(b) of the PCHA, supra, § 4(b), 19 P.S. § 1180-4(b).

1978Appellant's contention that his plea was invalid was cognizable on direct appeal, Commonwealth v. Greer, 457 Pa. 646 , 326 A.2d 338 (1974); Commonwealth v. Hill, 457 Pa. 1, 7 , 319 A.2d 886, 890 (1974), and a failure to so raise it, absent extraordinary circumstances to justify such failure, constitutes a waiver under section 4(b) of the PCHA, supra, § 4(b), 19 P.S. § 1180-4(b).

22
Commonwealth v. Viagreen
pa · 1974 · cited in 2 Pennsylvania opinions naming this issue, 1975–1978
2 sentences

1978While appellant might *273 have avoided waiver had he prevailed on his Douglas claim, Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (filed July 7, 1975); Commonwealth v. Via, 455 Pa. 373, 376 , 316 A.2d 895, 897 (1974), his failure to pursue the hearing court's adverse ruling on this point precludes further consideration of the issue." (Footnotes omitted.) Id. 463 Pa. at 462 , 345 A.2d at 612 .

1978While appellant might *273 have avoided waiver had he prevailed on his Douglas claim, Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (filed July 7, 1975); Commonwealth v. Via, 455 Pa. 373, 376 , 316 A.2d 895, 897 (1974), his failure to pursue the hearing court's adverse ruling on this point precludes further consideration of the issue." (Footnotes omitted.) Id. 463 Pa. at 462 , 345 A.2d at 612 .

22
Commonwealth v. Holmesgreen
pa · 1976 · cited in 3 Pennsylvania opinions naming this issue, 1979–1990
2 sentences

1990Not only does a Douglas denial preclude a finding of waiver under Section 4 of the PCHA, Commonwealth v. Holmes, 468 Pa. 409 , 417 n. 7, 364 A.2d 259 , 263 n. 7 (1976), but this requirement cannot be inferred from the appellant’s possession of a prior *99 criminal record.

1990Not only does a Douglas denial preclude a finding of waiver under Section 4 of the PCHA, Commonwealth v. Holmes, 468 Pa. 409 , 417 n. 7, 364 A.2d 259 , 263 n. 7 (1976), but this requirement cannot be inferred from the appellant’s possession of a prior *99 criminal record.

13
Commonwealth v. Mussergreen
pa · 1975 · cited in 2 Pennsylvania opinions naming this issue, 1976–1979
2 sentences

1979Therefore, not only is ineffective assistance of counsel an “extraordinary circumstance” which will prevent a waiver of PCHA relief, see Commonwealth v. Holmes, 468 Pa. 409 , 364 A.2d 259 (1976); Commonwealth v. Musser, 463 Pa. 85 , 343 A.2d 354 (1975), but also, a denial of Douglas Rights precludes a finding of waiver under § 4 of the Act generally.

1979Therefore, not only is ineffective assistance of counsel an “extraordinary circumstance” which will prevent a waiver of PCHA relief, see Commonwealth v. Holmes, 468 Pa. 409 , 364 A.2d 259 (1976); Commonwealth v. Musser, 463 Pa. 85 , 343 A.2d 354 (1975), but also, a denial of Douglas Rights precludes a finding of waiver under § 4 of the Act generally.

12
Henry v. Mississippigreen
scotus · 1965 · cited in 2 Pennsylvania opinions naming this issue, 1968–1973
2 sentences

1973There, that court stated: “Although we agree with the Pennsylvania Supreme Court that constitutional issues which have not been raised earlier may be waived in subsequent proceedings [see Henry v. Mississippi, 379 U.S. 443 , 85 S. Ct. 564 , 13 L.

1973There, that court stated: “Although we agree with the Pennsylvania Supreme Court that constitutional issues which have not been raised earlier may be waived in subsequent proceedings [see Henry v. Mississippi, 379 U.S. 443 , 85 S. Ct. 564 , 13 L.

12
Commonwealth v. Sherardgreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979E.g., Holmes, 468 Pa. at 417 n. 7, 364 A.2d at 263 n. 7; Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (1975). [8] See, 19 P.S. § 1180-3; Commonwealth v. Sherard, 483 Pa. 183, 189 , 394 A.2d 971, 975 (1978). [9] In cases of the present posture, however, where a PCHA court has erroneously found a waiver, the proper procedural disposition by this court is not to grant petitioner a direct appeal nunc pro tunc as the Majority does.

1979E.g., Holmes, 468 Pa. at 417 n. 7, 364 A.2d at 263 n. 7; Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (1975). [8] See, 19 P.S. § 1180-3; Commonwealth v. Sherard, 483 Pa. 183, 189 , 394 A.2d 971, 975 (1978). [9] In cases of the present posture, however, where a PCHA court has erroneously found a waiver, the proper procedural disposition by this court is not to grant petitioner a direct appeal nunc pro tunc as the Majority does.

11
Commonwealth v. Hubbardred
pa · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979See also, Commonwealth v. Hubbard, 472 Pa. 259 , 276-77 n. 6, 372 A.2d 687 , 695 n. 6 (1977). [7] Therefore, not only is ineffective assistance of counsel an "extraordinary circumstance" which will prevent a waiver of PCHA relief, see Commonwealth v. Holmes, 468 Pa. 409 , 364 A.2d 259 (1976); Commonwealth v. Musser, 463 Pa. 85 , 343 A.2d 354 (1975), but also, a denial of Douglas Rights precludes a finding of waiver under § 4 of the Act generally.

1979See also, Commonwealth v. Hubbard, 472 Pa. 259 , 276-77 n. 6, 372 A.2d 687 , 695 n. 6 (1977). [7] Therefore, not only is ineffective assistance of counsel an "extraordinary circumstance" which will prevent a waiver of PCHA relief, see Commonwealth v. Holmes, 468 Pa. 409 , 364 A.2d 259 (1976); Commonwealth v. Musser, 463 Pa. 85 , 343 A.2d 354 (1975), but also, a denial of Douglas Rights precludes a finding of waiver under § 4 of the Act generally.

11
Commonwealth v. Cannongreen
pa · 1971 · cited in 1 Pennsylvania opinions naming this issue, 1973–1973
2 sentences

1973In Commonwealth v. Cannon, 442 Pa. 339 , 275 A. 2d 293 (1971), we held that section 4 waiver provisions did not apply to the failure to raise issues in a prePCIIA habeas corpus petition.

1973In Commonwealth v. Cannon, 442 Pa. 339 , 275 A. 2d 293 (1971), we held that section 4 waiver provisions did not apply to the failure to raise issues in a prePCIIA habeas corpus petition.

11
Commonwealth v. Simongreen
pa · 1971 · cited in 1 Pennsylvania opinions naming this issue, 1972–1972
2 sentences

1972See Commonwealth v. Sampson, 445 Pa. 558 , 285 A. 2d 480 (1971) (Robebts, J., concurring). 9 In Commonwealth v. Simon, 446 Pa. 215 , 285 A. 2d 861 (1971), we faced an analogous situation in the context of a waiver under Section 4 of the POHA.

1972See Commonwealth v. Sampson, 445 Pa. 558 , 285 A. 2d 480 (1971) (Robebts, J., concurring). 9 In Commonwealth v. Simon, 446 Pa. 215 , 285 A. 2d 861 (1971), we faced an analogous situation in the context of a waiver under Section 4 of the POHA.

11
Commonwealth v. Sampsongreen
pa · 1971 · cited in 1 Pennsylvania opinions naming this issue, 1972–1972
2 sentences

1972See Commonwealth v. Sampson, 445 Pa. 558 , 285 A. 2d 480 (1971) (Robebts, J., concurring). 9 In Commonwealth v. Simon, 446 Pa. 215 , 285 A. 2d 861 (1971), we faced an analogous situation in the context of a waiver under Section 4 of the POHA.

1972See Commonwealth v. Sampson, 445 Pa. 558 , 285 A. 2d 480 (1971) (Robebts, J., concurring). 9 In Commonwealth v. Simon, 446 Pa. 215 , 285 A. 2d 861 (1971), we faced an analogous situation in the context of a waiver under Section 4 of the POHA.

11
Commonwealth v. Cheeksgreen
pa · 1968 · cited in 1 Pennsylvania opinions naming this issue, 1968–1968
2 sentences

1968Compare Commonwealth v. Cheeks, 429 Pa. 89, 97 , 239 A. 2d 793, 797 (1968) and Commonwealth v. Snyder, supra at 88-94, 233 A. 2d at 533 -36 with Henry v. Mississippi, 379 U.S. 443, 452 , 85 S. Ct. 564, 570 (1965).

1968Compare Commonwealth v. Cheeks, 429 Pa. 89, 97 , 239 A. 2d 793, 797 (1968) and Commonwealth v. Snyder, supra at 88-94, 233 A. 2d at 533 -36 with Henry v. Mississippi, 379 U.S. 443, 452 , 85 S. Ct. 564, 570 (1965).

11
Commonwealth v. Mitchellgreen
pa · 1967 · cited in 1 Pennsylvania opinions naming this issue, 1967–1967
11
Carnley v. Cochrangreen
scotus · 1962 · cited in 1 Pennsylvania opinions naming this issue, 1967–1967
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 (16)

CaseCitedYears
Commonwealth v. Fiero green
pa · 1975
2 sentences

1979E. g., Holmes, 468 Pa. at 417 n.7, 364 A.2d at 263 n.7; Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (1975). .

1979E. g., Holmes, 468 Pa. at 417 n.7, 364 A.2d at 263 n.7; Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (1975). .

41975–1979
Commonwealth v. Mumford green
pa · 1968
2 sentences

1968This result is dictated by our holding in Commonwealth v. Mumford, 430 Pa. 451 , 243 A. 2d 440 (1968) that the section 4 presumption of waiver, although held constitutional in Commonwealth v. Satchell, 430 Pa. 443 , 243 A. 2d 381 (1968), will not be applied to proceedings in which petitioner was unrepresented.

1968This result is dictated by our holding in Commonwealth v. Mumford, 430 Pa. 451 , 243 A. 2d 440 (1968) that the section 4 presumption of waiver, although held constitutional in Commonwealth v. Satchell, 430 Pa. 443 , 243 A. 2d 381 (1968), will not be applied to proceedings in which petitioner was unrepresented.

31968–1970
Commonwealth v. Satchell green
pa · 1968
2 sentences

1968This result is dictated by our holding in Commonwealth v. Mumford, 430 Pa. 451 , 243 A. 2d 440 (1968) that the section 4 presumption of waiver, although held constitutional in Commonwealth v. Satchell, 430 Pa. 443 , 243 A. 2d 381 (1968), will not be applied to proceedings in which petitioner was unrepresented.

1968This result is dictated by our holding in Commonwealth v. Mumford, 430 Pa. 451 , 243 A. 2d 440 (1968) that the section 4 presumption of waiver, although held constitutional in Commonwealth v. Satchell, 430 Pa. 443 , 243 A. 2d 381 (1968), will not be applied to proceedings in which petitioner was unrepresented.

31968–1970
Commonwealth v. Greer green
pa · 1974
2 sentences

1978Appellant's contention that his plea was invalid was cognizable on direct appeal, Commonwealth v. Greer, 457 Pa. 646 , 326 A.2d 338 (1974); Commonwealth v. Hill, 457 Pa. 1, 7 , 319 A.2d 886, 890 (1974), and a failure to so raise it, absent extraordinary circumstances to justify such failure, constitutes a waiver under section 4(b) of the PCHA, supra, § 4(b), 19 P.S. § 1180-4(b).

1978Appellant's contention that his plea was invalid was cognizable on direct appeal, Commonwealth v. Greer, 457 Pa. 646 , 326 A.2d 338 (1974); Commonwealth v. Hill, 457 Pa. 1, 7 , 319 A.2d 886, 890 (1974), and a failure to so raise it, absent extraordinary circumstances to justify such failure, constitutes a waiver under section 4(b) of the PCHA, supra, § 4(b), 19 P.S. § 1180-4(b).

21975–1978
Commonwealth v. Marshall green
pa · 1974
2 sentences

1980This comports with our earlier determinations that the issue of competency to stand trial cannot be waived by failure to raise the issue prior to or during trial, Commonwealth v. Marshall, 456 Pa. 313 , 318 A.2d 724 (1974), or in post-verdict motions, Commonwealth v. Tyson, 485 Pa. 344 , 402 A.2d 995 (1979).

1980This comports with our earlier determinations that the issue of competency to stand trial cannot be waived by failure to raise the issue prior to or during trial, Commonwealth v. Marshall, 456 Pa. 313 , 318 A.2d 724 (1974), or in post-verdict motions, Commonwealth v. Tyson, 485 Pa. 344 , 402 A.2d 995 (1979).

11980–1980
Commonwealth v. Tyson green
pa · 1979
2 sentences

1980This comports with our earlier determinations that the issue of competency to stand trial cannot be waived by failure to raise the issue prior to or during trial, Commonwealth v. Marshall, 456 Pa. 313 , 318 A.2d 724 (1974), or in post-verdict motions, Commonwealth v. Tyson, 485 Pa. 344 , 402 A.2d 995 (1979).

1980This comports with our earlier determinations that the issue of competency to stand trial cannot be waived by failure to raise the issue prior to or during trial, Commonwealth v. Marshall, 456 Pa. 313 , 318 A.2d 724 (1974), or in post-verdict motions, Commonwealth v. Tyson, 485 Pa. 344 , 402 A.2d 995 (1979).

11980–1980
Commonwealth v. Waddy green
pa · 1975
2 sentences

1976Furthermore, appellant’s claim that he was denied his constitutional right to speedy trial, unless due to “extraordinary circumstances,” was waived within the context of Section 4(b) of the PCHA, supra, in light of this Court’s decision in Commonwealth v. Roundtree, supra. See also Commonwealth v. Schmidt, 452 Pa. 185 , 299 A.2d 254 (1973); Commonwealth v. Waddy, 463 Pa. 426 , 345 A.2d 179 (1975).

1976Furthermore, appellant’s claim that he was denied his constitutional right to speedy trial, unless due to “extraordinary circumstances,” was waived within the context of Section 4(b) of the PCHA, supra, in light of this Court’s decision in Commonwealth v. Roundtree, supra. See also Commonwealth v. Schmidt, 452 Pa. 185 , 299 A.2d 254 (1973); Commonwealth v. Waddy, 463 Pa. 426 , 345 A.2d 179 (1975).

11976–1976
Commonwealth v. Schmidt green
pa · 1973
2 sentences

1976Furthermore, appellant’s claim that he was denied his constitutional right to speedy trial, unless due to “extraordinary circumstances,” was waived within the context of Section 4(b) of the PCHA, supra, in light of this Court’s decision in Commonwealth v. Roundtree, supra. See also Commonwealth v. Schmidt, 452 Pa. 185 , 299 A.2d 254 (1973); Commonwealth v. Waddy, 463 Pa. 426 , 345 A.2d 179 (1975).

1976Furthermore, appellant’s claim that he was denied his constitutional right to speedy trial, unless due to “extraordinary circumstances,” was waived within the context of Section 4(b) of the PCHA, supra, in light of this Court’s decision in Commonwealth v. Roundtree, supra. See also Commonwealth v. Schmidt, 452 Pa. 185 , 299 A.2d 254 (1973); Commonwealth v. Waddy, 463 Pa. 426 , 345 A.2d 179 (1975).

11976–1976
Commonwealth v. Hines green
pa · 1975
2 sentences

1975Commonwealth v. Hines, 461 Pa. 271 , 336 A.2d 280 (1975). 2 Appellant’s contention that his plea was invalid was cognizable on direct appeal, Commonwealth v. Greer, 457 Pa. 646 , 326 A.2d 338 (1974); Commonwealth v. Hill, 457 Pa. 1, 7 , 319 A.2d 886, 890 (1974), and a failure to so raise it, absent extraordinary circumstances to justify such failure, 3 constitutes a waiver under section 4(b) of the PCHA, supra, § 4(b), 19 P.S. § 1180-4(b).

1975Commonwealth v. Hines, 461 Pa. 271 , 336 A.2d 280 (1975). 2 Appellant’s contention that his plea was invalid was cognizable on direct appeal, Commonwealth v. Greer, 457 Pa. 646 , 326 A.2d 338 (1974); Commonwealth v. Hill, 457 Pa. 1, 7 , 319 A.2d 886, 890 (1974), and a failure to so raise it, absent extraordinary circumstances to justify such failure, 3 constitutes a waiver under section 4(b) of the PCHA, supra, § 4(b), 19 P.S. § 1180-4(b).

11975–1975
Commonwealth v. Kravitz green
pa · 1970
2 sentences

1974Commonwealth v. Johnson, supra, Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530 (1967); Commonwealth v. Kravitz, 441 Pa. 79 , 269 A. 2d 912 (1970).

1974Commonwealth v. Johnson, supra, Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530 (1967); Commonwealth v. Kravitz, 441 Pa. 79 , 269 A. 2d 912 (1970).

11974–1974
United States v. Romano green
scotus · 1965
2 sentences

1968Alternatively, appellant argues that the presumption created by subsection (c) is in conflict with United States v. Romano, 382 U.S. 136 , 86 S. Ct. 279 (1965).

1968Alternatively, appellant argues that the presumption created by subsection (c) is in conflict with United States v. Romano, 382 U.S. 136 , 86 S. Ct. 279 (1965).

11968–1968
Commonwealth v. Stokes green
pa · 1967
2 sentences

1968The Commonwealth, however, contends that the point is moot, reasoning that since both 2 to 5 year sentences are concurrent, any real relief is contingent on rulings favorable to appellant in both appeals, and the determination that appellant’s guilty plea was voluntary destroys any further basis for relief from the conviction based on that plea. 5 *163 Appellant still has the right to challenge at least the legality of his sentence. 6 Commonwealth v. Stokes, 426 Pa. 265 , 232 A. 2d 193 (1967).

1968The Commonwealth, however, contends that the point is moot, reasoning that since both 2 to 5 year sentences are concurrent, any real relief is contingent on rulings favorable to appellant in both appeals, and the determination that appellant’s guilty plea was voluntary destroys any further basis for relief from the conviction based on that plea. 5 *163 Appellant still has the right to challenge at least the legality of his sentence. 6 Commonwealth v. Stokes, 426 Pa. 265 , 232 A. 2d 193 (1967).

11968–1968
Muntz v. Smaily green
njsuperctappdiv · 1972
1 sentence

1968This reasoning is directly refuted by the relatively recent-case of Commonwealth v. Kizer, 428 Pa. 99 , 286 A. 2d 515 (1967), where the court specifically rejected a similar claim by the Commonwealth, stating: “[W]e should be loath to impose §4’s waiver provisions against a prisoner who lacked counsel’s advice as to the possible appellate procedures available.” *192 Since appellant cannot be beld to have waived bis right to litigate that contention and, since the burden of proving a substantive waiver of that right is on the Commonwealth, Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968

11968–1968
Commonwealth v. Wilson green
pasuperct · 1968
2 sentences

1968This reasoning is directly refuted by the relatively recent-case of Commonwealth v. Kizer, 428 Pa. 99 , 286 A. 2d 515 (1967), where the court specifically rejected a similar claim by the Commonwealth, stating: “[W]e should be loath to impose §4’s waiver provisions against a prisoner who lacked counsel’s advice as to the possible appellate procedures available.” *192 Since appellant cannot be beld to have waived bis right to litigate that contention and, since the burden of proving a substantive waiver of that right is on the Commonwealth, Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968

1968This reasoning is directly refuted by the relatively recent-case of Commonwealth v. Kizer, 428 Pa. 99 , 286 A. 2d 515 (1967), where the court specifically rejected a similar claim by the Commonwealth, stating: “[W]e should be loath to impose §4’s waiver provisions against a prisoner who lacked counsel’s advice as to the possible appellate procedures available.” *192 Since appellant cannot be beld to have waived bis right to litigate that contention and, since the burden of proving a substantive waiver of that right is on the Commonwealth, Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968

11968–1968
Commonwealth v. Hoffman green
pa · 1967
2 sentences

1967We said in Commonwealth v. Mitchell, 427 Pa. 395, 397 , 235 A. 2d 148, 149 (1967) : “Our Richardson [ 426 Pa. 419 , 233 A. 2d 183 (1967)] and Hoffman [ 426 Pa. 226 , 232 A. 2d 623 (1967) ] decisions at least require that an indigent be granted one appointment of counsel [pursuant to §12 of the Post Conviction Hearing Act] to aid in the prosecution of his post-conviction attempt.” The Commonwealth, however, argues that under the waiver provision of §4 of the Post Conviction Hearing Act Kizer has waived any claim before this Court by his failure to file a petition for allocatur from the Superior

1967We said in Commonwealth v. Mitchell, 427 Pa. 395, 397 , 235 A. 2d 148, 149 (1967) : “Our Richardson [ 426 Pa. 419 , 233 A. 2d 183 (1967)] and Hoffman [ 426 Pa. 226 , 232 A. 2d 623 (1967) ] decisions at least require that an indigent be granted one appointment of counsel [pursuant to §12 of the Post Conviction Hearing Act] to aid in the prosecution of his post-conviction attempt.” The Commonwealth, however, argues that under the waiver provision of §4 of the Post Conviction Hearing Act Kizer has waived any claim before this Court by his failure to file a petition for allocatur from the Superior

11967–1967
Commonwealth v. Richardson green
pa · 1967
2 sentences

1967We said in Commonwealth v. Mitchell, 427 Pa. 395, 397 , 235 A. 2d 148, 149 (1967) : “Our Richardson [ 426 Pa. 419 , 233 A. 2d 183 (1967)] and Hoffman [ 426 Pa. 226 , 232 A. 2d 623 (1967) ] decisions at least require that an indigent be granted one appointment of counsel [pursuant to §12 of the Post Conviction Hearing Act] to aid in the prosecution of his post-conviction attempt.” The Commonwealth, however, argues that under the waiver provision of §4 of the Post Conviction Hearing Act Kizer has waived any claim before this Court by his failure to file a petition for allocatur from the Superior

1967We said in Commonwealth v. Mitchell, 427 Pa. 395, 397 , 235 A. 2d 148, 149 (1967) : “Our Richardson [ 426 Pa. 419 , 233 A. 2d 183 (1967)] and Hoffman [ 426 Pa. 226 , 232 A. 2d 623 (1967) ] decisions at least require that an indigent be granted one appointment of counsel [pursuant to §12 of the Post Conviction Hearing Act] to aid in the prosecution of his post-conviction attempt.” The Commonwealth, however, argues that under the waiver provision of §4 of the Post Conviction Hearing Act Kizer has waived any claim before this Court by his failure to file a petition for allocatur from the Superior

11967–1967

Where else courts name it

PA 26 (1967–1990) IN 2 (1998–2003)

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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