generic claim (Pennsylvania) · Go Syfert
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generic claim in Pennsylvania

31 Pennsylvania opinions name it 3 courts 2000–2025 6 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. Christinegreen
pasuperct · 2013 · cited in 12 Pennsylvania opinions naming this issue, 2014–2019
2 sentences

2019The only sentencing challenge that Appellant preserved before the trial court was his claim that there were "numerous other sentencing alternatives that could have been appropriately imposed in this case ... [more specifically,] a county sentence." Motion for Reconsideration of Sentence, 4/19/18, at 1. 6 This Court has held that "a generic claim that a sentence is excessive does not raise a substantial question for our review." Commonwealth v. Christine , 78 A.3d 1 , 10 (Pa.Super. 2013) ( en banc ), aff'd , 633 Pa. 389 , 125 A.3d 394 (2015) (quoting Commonwealth v. Harvard , 64 A.3d 690 , 701

2015This Court has established that “a generic claim that a sentence is excessive does not raise a substantial question for our review.” Commonwealth v. Christine, 78 A.3d 1, 10 (Pa. Super. 2013) (citing Commonwealth v. Harvard, 64 A.3d 690, 701 (Pa. Super. 2013)).

1012
Commonwealth v. Andrewsgreen
pasuperct · 2019 · cited in 5 Pennsylvania opinions naming this issue, 2021–2025
2 sentences

2025See Commonwealth v. Andrews, 213 A.3d 1004, 1017 (Pa. Super. 2019) (“a generic claim that a sentence is excessive does not raise a substantial question for our review”).

2022Further, “a generic claim that a sentence is excessive does not raise a substantial question for our review.” Commonwealth v. Andrews, 213 A.3d 1004, 1017 (Pa. Super. 2019) -6- J-A21021-22 (citation omitted); Commonwealth v. Booze, 953 A.2d 1263, 1278 (Pa. Super. 2008) (same).

55
Commonwealth v. Harvardgreen
pasuperct · 2013 · cited in 4 Pennsylvania opinions naming this issue, 2013–2019
2 sentences

2019The only sentencing challenge that Appellant preserved before the trial court was his claim that there were "numerous other sentencing alternatives that could have been appropriately imposed in this case ... [more specifically,] a county sentence." Motion for Reconsideration of Sentence, 4/19/18, at 1. 6 This Court has held that "a generic claim that a sentence is excessive does not raise a substantial question for our review." Commonwealth v. Christine , 78 A.3d 1 , 10 (Pa.Super. 2013) ( en banc ), aff'd , 633 Pa. 389 , 125 A.3d 394 (2015) (quoting Commonwealth v. Harvard , 64 A.3d 690 , 701

2015This Court has established that “a generic claim that a sentence is excessive does not raise a substantial question for our review.” Commonwealth v. Christine, 78 A.3d 1, 10 (Pa. Super. 2013) (citing Commonwealth v. Harvard, 64 A.3d 690, 701 (Pa. Super. 2013)).

34
Commonwealth v. Caldwellgreen
pasuperct · 2015 · cited in 2 Pennsylvania opinions naming this issue, 2021–2022
2 sentences

2022See, e.g., Commonwealth v. Andrews, 213 A.3d 1004, 1017 (Pa. Super. 2019) (“a generic claim that a sentence is excessive does not raise a substantial question for our review.” (citation omitted)); Caldwell, 117 A.3d at 768 (“An appellant making an excessiveness claim raises a substantial question when he sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process.”).

2021See Commonwealth v. Caldwell, 117 A.3d 763, 769 (Pa. Super. 2015) (en banc); Commonwealth v. Fisher, 47 A.3d 155, 159 (Pa. Super. 2012).

22
Commonwealth v. Fishergreen
pasuperct · 2012 · cited in 2 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See Commonwealth v. Caldwell, 117 A.3d 763, 769 (Pa. Super. 2015) (en banc); Commonwealth v. Fisher, 47 A.3d 155, 159 (Pa. Super. 2012).

2021However, as this Court has repeatedly held, “a generic claim that a sentence is excessive does not raise a substantial question for our review.” Commonwealth v. Andrews, 213 A.3d 1004, 1017 (Pa. Super. 2019) (citation omitted); see also Commonwealth v. Banks, 198 A.3d 391, 401 (Pa. Super. 2018); Commonwealth v. Fisher, 47 A.3d 155, 159 (Pa. Super. 2012).

22
Commonwealth v. Bishopgreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Moreover, our independent examination of the record discloses no other non-frivolous sentencing claims Appellant could raise on appeal.5 See, e.g., Commonwealth v. Bishop, 831 A.2d 656, 661 (Pa. Super. 2003) (stating the appellant did not present “a substantial question for our review.

11
Commonwealth v. Boozegreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Further, “a generic claim that a sentence is excessive does not raise a substantial question for our review.” Commonwealth v. Andrews, 213 A.3d 1004, 1017 (Pa. Super. 2019) -6- J-A21021-22 (citation omitted); Commonwealth v. Booze, 953 A.2d 1263, 1278 (Pa. Super. 2008) (same).

11
Commonwealth v. Giordanogreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., Commonwealth v. Andrews, 213 A.3d 1004, 1017 (Pa. Super. 2019) (“a generic claim that a sentence is excessive does not raise a substantial question for our review.” (citation omitted)); Commonwealth v. Giordano, 121 A.3d 998, 1008 (Pa. Super. 2015) (same).

11
Commonwealth v. Banksgreen
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021However, as this Court has repeatedly held, “a generic claim that a sentence is excessive does not raise a substantial question for our review.” Commonwealth v. Andrews, 213 A.3d 1004, 1017 (Pa. Super. 2019) (citation omitted); see also Commonwealth v. Banks, 198 A.3d 391, 401 (Pa. Super. 2018); Commonwealth v. Fisher, 47 A.3d 155, 159 (Pa. Super. 2012).

11
Commonwealth v. Bestgreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018A challenge to the discretionary aspects of a sentence is not absolute, but rather, “must be considered a petition for permission to appeal.” Commonwealth v. Best, 120 A.3d 329, 348 (Pa. Super. 2015) (citation and internal citation omitted).

11
Commonwealth v. Cruz-Centenogreen
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Cruz-Centeno, supra. Nevertheless, where Appellant claims the court sentenced him in the aggravated range without considering mitigating circumstances, Appellant appears to raise a substantial question as to the discretionary aspects of his sentence.

11
Commonwealth v. Passgreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Commonwealth v. Pass, 914 A.2d 442, 446-47 (Pa. Super. 2006).

11
Commonwealth v. Reevesgreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See Commonwealth v. Reeves, 907 A.2d 1 (Pa. Super. 2006) (If a Rule 1925(b) statement is too vague, the trial judge may find waiver and disregard any argument.) Even if the claim had been preserved, we would be unable to review it, as the notes of testimony from the SVP hearing were not included in the certified record.

11
Humphrey v. Department of Correctionsgreen
pacommwct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
1 sentence

2013Turner v. Safley, 482 U.S. 78, 89-90 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987); see also Humphrey v. Department of Corrections, 939 A.2d 987 (Pa.Cmwlth.2007). .

11
Large v. Superior Courtgreen
ariz · 1986 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008See, e.g., Large v. Superior Court, 148 Ariz. 229 , 714 P.2d 399 (1986) (allowing involuntary administration of "dangerous" drugs to treat mentally ill prisoners "in non-emergency situations" under certain circumstances); People v. Hardesty, 139 Mich.App. 124 , 362 N.W.2d 787, 794 (1985), appeal denied (Mich. 1986) (order denying appeal unpublished) (upholding constitutionality of state statute under which prisoner was involuntarily administered antipsychotic drugs). [1] I recognize that a motion seeking to appoint PCRA counsel as next friend was filed on Sam's behalf, and denied by the PCRA c

2008See, e.g., Large v. Superior Court, 148 Ariz. 229 , 714 P.2d 399 (1986) (allowing involuntary administration of "dangerous" drugs to treat mentally ill prisoners "in non-emergency situations" under certain circumstances); People v. Hardesty, 139 Mich.App. 124 , 362 N.W.2d 787, 794 (1985), appeal denied (Mich. 1986) (order denying appeal unpublished) (upholding constitutionality of state statute under which prisoner was involuntarily administered antipsychotic drugs). [1] I recognize that a motion seeking to appoint PCRA counsel as next friend was filed on Sam's behalf, and denied by the PCRA c

11
People v. Hardestygreen
michctapp · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008See, e.g., Large v. Superior Court, 148 Ariz. 229 , 714 P.2d 399 (1986) (allowing involuntary administration of "dangerous" drugs to treat mentally ill prisoners "in non-emergency situations" under certain circumstances); People v. Hardesty, 139 Mich.App. 124 , 362 N.W.2d 787, 794 (1985), appeal denied (Mich. 1986) (order denying appeal unpublished) (upholding constitutionality of state statute under which prisoner was involuntarily administered antipsychotic drugs). [1] I recognize that a motion seeking to appoint PCRA counsel as next friend was filed on Sam's behalf, and denied by the PCRA c

2008See, e.g., Large v. Superior Court, 148 Ariz. 229 , 714 P.2d 399 (1986) (allowing involuntary administration of "dangerous" drugs to treat mentally ill prisoners "in non-emergency situations" under certain circumstances); People v. Hardesty, 139 Mich.App. 124 , 362 N.W.2d 787, 794 (1985), appeal denied (Mich. 1986) (order denying appeal unpublished) (upholding constitutionality of state statute under which prisoner was involuntarily administered antipsychotic drugs). [1] I recognize that a motion seeking to appoint PCRA counsel as next friend was filed on Sam's behalf, and denied by the PCRA c

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 (9)

CaseCitedYears
Commonwealth v. Christine, J., Aplt. green
pa · 2015
2 sentences

2019The only sentencing challenge that Appellant preserved before the trial court was his claim that there were "numerous other sentencing alternatives that could have been appropriately imposed in this case ... [more specifically,] a county sentence." Motion for Reconsideration of Sentence, 4/19/18, at 1. 6 This Court has held that "a generic claim that a sentence is excessive does not raise a substantial question for our review." Commonwealth v. Christine , 78 A.3d 1 , 10 (Pa.Super. 2013) ( en banc ), aff'd , 633 Pa. 389 , 125 A.3d 394 (2015) (quoting Commonwealth v. Harvard , 64 A.3d 690 , 701

2019The only sentencing challenge that Appellant preserved before the trial court was his claim that there were "numerous other sentencing alternatives that could have been appropriately imposed in this case ... [more specifically,] a county sentence." Motion for Reconsideration of Sentence, 4/19/18, at 1. 6 This Court has held that "a generic claim that a sentence is excessive does not raise a substantial question for our review." Commonwealth v. Christine , 78 A.3d 1 , 10 (Pa.Super. 2013) ( en banc ), aff'd , 633 Pa. 389 , 125 A.3d 394 (2015) (quoting Commonwealth v. Harvard , 64 A.3d 690 , 701

22016–2019
Commonwealth v. Haynes green
pasuperct · 2015
1 sentence

2021Appellant relies on our decision in Commonwealth v. Haynes, 125 A.3d 800 (Pa. Super. 2015), to support his claim that he raised a substantial question.

12021–2021
Commonwealth v. Trippett green
pasuperct · 2007
1 sentence

2017Commonwealth v. Trippett, 932 A.2d 188 (Pa.Super. 2007).

12017–2017
Commonwealth v. Gamboa-Taylor green
pa · 2000
2 sentences

2017See 42 Pa.C.S.A. § 9545(b)(1); Commonwealth v. Gamboa–Taylor, 562 Pa. 70 , 753 A.2d 780 (2000). -5- J-S77038-17 In his PCRA petition, Appellant asserts only a generic claim of ineffective assistance of counsel and neither alleges nor proves any of the three cognizable exceptions to the PCRA time-bar.

2017See 42 Pa.C.S.A. § 9545(b)(1); Commonwealth v. Gamboa–Taylor, 562 Pa. 70 , 753 A.2d 780 (2000). -5- J-S77038-17 In his PCRA petition, Appellant asserts only a generic claim of ineffective assistance of counsel and neither alleges nor proves any of the three cognizable exceptions to the PCRA time-bar.

12017–2017
Commonwealth v. Tyack green
pasuperct · 2015
1 sentence

2017As noted by the Superior Court in Commonwealth v. Tyack, 128 A.3d 254 (Pa.Super. 2015), the Superior Court has consistently held: If an Appellant wants to preserve a claim that the evidence was insufficient, then the l 925(b) statement needs to specify the element or elements upon which the appellant alleges that the evidence was insufficient.

12017–2017
Marshall v. Commonwealth green
pacommwct · 2012
1 sentence

2016It is now codified in Section 111 of the Internal Revenue Code (IRC). 11 As we stated in Marshall v. Commonwealth, 41 A.3d 67 , 93 (Pa.Cmwlth.2012) : [T]he tax benefit rule is not a generic doctrine prescribed by the courts to remedy every apparent or perceived inequity or unfairness in an income tax system, state or federal.

12016–2016
Turner v. Safley green
scotus · 1987
2 sentences

2013Turner v. Safley, 482 U.S. 78, 89-90 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987); see also Humphrey v. Department of Corrections, 939 A.2d 987 (Pa.Cmwlth.2007). .

2013Turner v. Safley, 482 U.S. 78, 89-90 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987); see also Humphrey v. Department of Corrections, 939 A.2d 987 (Pa.Cmwlth.2007). .

12013–2013
Commonwealth v. Gause green
pasuperct · 1995
2 sentences

2002Id., 659 A.2d at 1018 . ¶ 5 While the cmcumstances that might represent a typical or generic violation of the statute in question might be open to some debate, it must be admitted that the facts of the present case fall on the less egregious end of the conduct spectrum that is encompassed within its definitions.

2002Id., 659 A.2d at 1018 . ¶ 5 While the cmcumstances that might represent a typical or generic violation of the statute in question might be open to some debate, it must be admitted that the facts of the present case fall on the less egregious end of the conduct spectrum that is encompassed within its definitions.

12002–2002
John Kenneth Henderson v. Frederick Frank, Superintendent Thomas W. Corbett, Jr., Attorney General John K. Henderson green
ca3 · 1998
1 sentence

2000The court held, “A generic waiver form such as Henderson’s cannot replace the verbal colloquy between judge and defendant, set forth for the record, to satisfy the judge’s obligation to ensure a waiver is made voluntarily, knowingly and intelligently.” Id. at 167 .

12000–2000

Where else courts name it

PA 31 (2000–2025) CA 26 (1980–2025) IL 13 (2008–2025) TX 11 (1979–2025) WA 7 (2013–2025) OR 5 (2012–2024) NY 4 (1967–2018) FL 4 (2006–2018) CO 3 (2004–2005) MI 3 (2011–2022) MA 3 (2004–2018) IA 2 (1992–2021) HI 2 (2003–2004) KS 2 (1998–2005) ID 2 (1990–2024) LA 2 (1993–1995) MO 2 (1997–2025) OH 2 (2006–2011)

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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