PCRA court conducted hearing (Pennsylvania) · Go Syfert
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PCRA court conducted hearing in Pennsylvania

29 Pennsylvania opinions name it 2 courts 2001–2025 10 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 (8)

CaseFollowedCited
Commonwealth v. Graziergreen
pa · 1998 · cited in 21 Pennsylvania opinions naming this issue, 2008–2025
2 sentences

2025In light of Appellant’s request to continue representing himself despite his statutory right to counsel, the PCRA court conducted a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1988).

2025Yates, acting pro se,2 now raises the following claims for our review: ____________________________________________ 2 On November 28, 2023, the PCRA court conducted a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998), after which the court concluded that Yates wished to proceed pro se.

221
Commonwealth, Aplt. v. Farabaugh, R.green
pa · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Commonwealth v. Lacombe, 234 A.3d 602 , 626-27 (Pa. 2020). 6 Pursuant to this Court’s June 7, 2021, order, the PCRA court conducted a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998), and determined that Worthington knowingly, intelligently, and voluntarily elected to proceed pro se. -4- J-S15028-22 questions of law is de novo, and our scope of our review is plenary.7 See Commonwealth v. Farabaugh, 128 A.3d 1191, 1193 (Pa. 2015).

11
Commonwealth v. Turnergreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Commonwealth v. Turner, 73 A.3d 1283, 1286 (Pa. Super. 2013) (explaining “when a PCRA petitioner’s direct appeal rights are reinstated nunc pro tunc in his first PCRA petition, a subsequent PCRA petition will be considered a first PCRA petition for timeliness purposes” (citations and footnote omitted)). -6- J-A21024-21 The PCRA court conducted a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998), on June 8, 2018, and granted Appellant’s request to proceed pro se.6 Appellant then filed several amended pro se PCRA petitions.

11
Commonwealth v. Evansgreen
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Commonwealth v. Evans, 153 A.3d 323, 331 (Pa.Super. 2017); see also Commonwealth v. Giron, 155 A.3d 635 (Pa.Super. 2017) (vacating sentence that included increased criminal penalties based on the defendant’s refusal to consent to blood test). -2- J-S69042-17 The PCRA court conducted a hearing on Appellant’s petition on February 17, 2017, at which time the parties agreed that the sole issue before the court was whether the holding in Birchfield applies retroactively to Appellant.

11
Commonwealth v. Girongreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Commonwealth v. Evans, 153 A.3d 323, 331 (Pa.Super. 2017); see also Commonwealth v. Giron, 155 A.3d 635 (Pa.Super. 2017) (vacating sentence that included increased criminal penalties based on the defendant’s refusal to consent to blood test). -2- J-S69042-17 The PCRA court conducted a hearing on Appellant’s petition on February 17, 2017, at which time the parties agreed that the sole issue before the court was whether the holding in Birchfield applies retroactively to Appellant.

11
Commonwealth v. Williamsgreen
pa · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
2 sentences

2006See also Commonwealth v. Saranchak, 581 Pa. 490 , 866 A.2d 292, 303-04 (2005) (affirming PCRA court’s denial of claim that trial counsel was ineffective in presentation of mitigation evidence after PCRA court held evidentiary hearing); Williams, 863 A.2d at 520-21 (same).

2006See also Commonwealth v. Saranchak, 581 Pa. 490 , 866 A.2d 292, 303-04 (2005) (affirming PCRA court's denial *267 of claim that trial counsel was ineffective in presentation of mitigation evidence after PCRA court held evidentiary hearing); Williams, 863 A.2d at 520-21 (same).

11
Commonwealth v. Saranchakgreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
2 sentences

2006See also Commonwealth v. Saranchak, 581 Pa. 490 , 866 A.2d 292, 303-04 (2005) (affirming PCRA court’s denial of claim that trial counsel was ineffective in presentation of mitigation evidence after PCRA court held evidentiary hearing); Williams, 863 A.2d at 520-21 (same).

2006See also Commonwealth v. Saranchak, 581 Pa. 490 , 866 A.2d 292, 303-04 (2005) (affirming PCRA court’s denial of claim that trial counsel was ineffective in presentation of mitigation evidence after PCRA court held evidentiary hearing); Williams, 863 A.2d at 520-21 (same).

11
Commonwealth v. Williamsgreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001
2 sentences

2001In contrast to cases in which a PCRA court dismissed a post-conviction claim without a hearing in the face of pleadings and affidavits setting forth a substantial case in mitigation, see, e.g., Williams, 557 Pa. at 245-49 , 732 A.2d at 1187-90 , here, the PCRA court conducted a hearing and therefore provided Appellant the opportunity to develop a record of available strategies which could be compared and contrasted with the residual doubt tactic actually pursued.

2001In contrast to cases in which a PCRA court dismissed a post-conviction claim without a hearing in the face of pleadings and affidavits setting forth a substantial case in mitigation, see, e.g., Williams, 557 Pa. at 245-49 , 732 A.2d at 1187-90 , here, the PCRA court conducted a hearing and therefore provided Appellant the opportunity to develop a record of available strategies which could be compared and contrasted with the residual doubt tactic actually pursued.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Commonwealth v. Williamsgreen
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Commonwealth v. Williams, 151 A.3d 621 (Pa. Super. 2016) (explaining that because a notice of appeal protects constitutional rights, it is distinguishable from other filings that require counsel, and this Court is required to docket pro se notice of appeal despite the appellant being represented by counsel). 3 The PCRA court noted that Appellant served his Rule 1925(b) statement on the PCRA court judge and the Commonwealth, but that he failed to file a copy with Clerk of Courts.

11

Also cited on this issue (8)

CaseCitedYears
State v. Torres green
njsuperctappdiv · 1998
1 sentence

2023The PCRA Court conducted a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 1 (Pa. 1998), and determined that Woods had not waived his rights to counsel.

12023–2023
Com. v. Laboy, R. green
pasuperct · 2020
1 sentence

2021On appeal, the Laboy Court acknowledged that Rule 908(C) does not explicitly provide a right to appointed counsel, but rather suggests that an appellant “cannot be denied the opportunity to have private counsel at a PCRA hearing.” Id.

12021–2021
Commonwealth v. Muniz, J., Aplt. red
pa · 2017
1 sentence

2020The PCRA court appointed counsel, who filed an amended petition, seeking relief under Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017).3 On May 10, 2019, the PCRA court conducted a hearing on the petition.

12020–2020
Alleyne v. United States green
· 2013
1 sentence

2018The PCRA court conducted a hearing and, ultimately, granted Appellant relief on an illegal sentencing claim pursuant to Alleyne v. United States, 133 S.Ct. 2151 (2013).

12018–2018
Miller v. Alabama green
scotus · 2012
2 sentences

2018In support, Casiano- Fernandez cites the United States Supreme Court decisions in Miller v. Alabama, 567 U.S. 460 , 132 S. Ct. 2455 (2012), issued June 25, 2012, and ____________________________________________ 1 The PCRA court conducted a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998), and determined Casiano-Fernandez was not entitled to appointed counsel.

2018In support, Casiano- Fernandez cites the United States Supreme Court decisions in Miller v. Alabama, 567 U.S. 460 , 132 S. Ct. 2455 (2012), issued June 25, 2012, and ____________________________________________ 1 The PCRA court conducted a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998), and determined Casiano-Fernandez was not entitled to appointed counsel.

12018–2018
Commonwealth v. Finley green
pa · 1988
1 sentence

2014Subsequently, on October 9, 2013, appointed PCRA counsel elected to proceed pursuant to Commonweatlh v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc).

12014–2014
Commonwealth v. Turner green
pa · 1988
1 sentence

2014Subsequently, on October 9, 2013, appointed PCRA counsel elected to proceed pursuant to Commonweatlh v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc).

12014–2014
Commonwealth v. Bridges green
pa · 2005
2 sentences

2006Thus, in Bridges, 886 A.2d at 1132 , this Court affirmed the denial of the petitioner’s claim that his trial counsel was ineffective for failing to present mitigation evidence of his traumatic childhood after the PCRA court conducted a hearing on counsel’s stewardship.

2006Thus, in Bridges, 886 A.2d at 1132 , this Court affirmed the denial of the petitioner's claim that his trial counsel was ineffective for failing to present mitigation evidence of his traumatic childhood after the PCRA court conducted a hearing on counsel's stewardship.

12006–2006

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9541 (5) PA § 42 Pa. Cons. Stat. § 9543 (5) PA § 18 Pa. Cons. Stat. § 2502 (4) PA § 42 Pa. Cons. Stat. § 9544 (4) PA § 42 Pa. Cons. Stat. § 9711 (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.

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