23 Pennsylvania opinions name it 2 courts 2002–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Grantgreen2 sentences2021In 2002, however, our Court in Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002), significantly restructured review of ineffective assistance of counsel claims by rejecting the long-standing Hubbard rule that claims of ineffectiveness had to be raised at the first opportunity, even if that was on direct appeal and the issue had not been presented to the trial court. 2021In 2002, however, our Court in Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002), significantly restructured review of ineffective assistance of counsel claims by rejecting the long-standing Hubbard rule that claims of ineffectiveness had to be raised at the first opportunity, even if that was on direct appeal and the issue had not been presented to the trial court. | 6 | 16 |
Commonwealth v. Bomargreen2 sentences2005As the Majority aptly notes, Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 (2003), a case where we held that the defendant could raise ineffectiveness claims on direct review, was litigated in the trial court under the older Hubbard rule. 2005As the Majority aptly notes, Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 (2003), a case where we held that the defendant could raise ineffectiveness claims on direct review, was litigated in the trial court under the older Hubbard rule. | 2 | 5 |
Commonwealth v. Jonesgreen2 sentences2020Jones, 815 A.2d at 608-10 (internal citations, quotations, brackets, footnote omitted; emphasis added). 2020Jones, 815 A.2d at 608-10 (internal citations, quotations, brackets, footnote omitted; emphasis added). | 2 | 2 |
United States v. Clinton Duffus A/K/A \Paul Lewisgreen2 sentences2005See United States v. Duffus, 174 F.3d 333, 336-38 (3d Cir.1999) (district court did not err in denying leave to amend federal habeas petition to add new claim or theory after one-year federal statute of limitations governing habeas petitions had expired; permitting such amendment would be contrary to very policy of limitations period). 2005See United States v. Duffus, 174 F.3d 333, 336-38 (3d Cir.1999) (district court did not err in denying leave to amend federal habeas petition to add new claim or theory after one-year federal statute of limitations governing habeas petitions had expired; permitting such amendment would be contrary to very policy of limitations period). | 2 | 2 |
Commonwealth v. Cam Lygreen2 sentences2011I remain convinced that these difficulties cannot be effectively mitigated until this Court addresses the due process concerns being raised regarding both the application of the Hubbard rule in light of time-and-resources constraints connected with direct appeals, see Ly, 605 Pa. at 262-65 , 989 A.2d at 2-5 (Saylor, J., dissenting), and the retroactive abolition of relaxed waiver. 2011I remain convinced that these difficulties cannot be effectively mitigated until this Court addresses the due process concerns being raised regarding both the application of the Hubbard rule in light of time-and-resources constraints connected with direct appeals, see Ly, 605 Pa. at 262-65 , 989 A.2d at 2-5 (Saylor, J., dissenting), and the retroactive abolition of relaxed waiver. | 1 | 2 |
Commonwealth v. O'Berggreen2 sentences2013O’Berg, 880 A.2d at 606-07 (Saylor, J., dissenting). 2013O’Berg, 880 A.2d at 606-07 (Saylor, J., dissenting). | 1 | 1 |
Commonwealth v. Steelegreen2 sentences2011See Commonwealth v. Steele, 599 Pa. 341 , 429 n. 3, 961 A.2d 786 , 839 n. 3 (2008) (Saylor, J., dissenting). 2011See Commonwealth v. Steele, 599 Pa. 341 , 429 n. 3, 961 A.2d 786 , 839 n. 3 (2008) (Saylor, J., dissenting). | 1 | 1 |
Commonwealth v. Pipergreen2 sentences2002See, e.g., Commonwealth v. Piper, 458 Pa. 307 , 328 A.2d 845 (1974); Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974). 2002See, e.g., Commonwealth v. Piper, 458 Pa. 307 , 328 A.2d 845 (1974); Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974). | 1 | 1 |
Commonwealth v. Tilleygreen2 sentences2002See, e.g., Commonwealth v. Tilley, 566 Pa. 312 , 780 A.2d 649, 652 (2001); Commonwealth v. Cabeza, 503 Pa. 228 , 469 A.2d 146, 148 (1983). 2002See, e.g., Commonwealth v. Tilley, 566 Pa. 312 , 780 A.2d 649, 652 (2001); Commonwealth v. Cabeza, 503 Pa. 228 , 469 A.2d 146, 148 (1983). | 1 | 1 |
Commonwealth v. Fordgreen2 sentences2002See Commonwealth v. Ford, 809 A.2d 325, 340 (Pa.2002) (Castille, J., dissenting) (describing operation and effect of Hubbard rule). 2002See Commonwealth v. Ford, 809 A.2d 325, 340 (Pa.2002) (Castille, J., dissenting) (describing operation and effect of Hubbard rule). | 1 | 1 |
Commonwealth v. Cabezagreen2 sentences2002See, e.g., Commonwealth v. Tilley, 566 Pa. 312 , 780 A.2d 649, 652 (2001); Commonwealth v. Cabeza, 503 Pa. 228 , 469 A.2d 146, 148 (1983). 2002See, e.g., Commonwealth v. Tilley, 566 Pa. 312 , 780 A.2d 649, 652 (2001); Commonwealth v. Cabeza, 503 Pa. 228 , 469 A.2d 146, 148 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Dancer
green
2 sentences2015Commonwealth v. Hubbard, 372 A.2d 687 (Pa. 1977); Commonwealth v. Dancer, 331 A.2d 435 (Pa. 1975). 2002Contrary to the generally-accepted wisdom, research , reveals that Hubbard was not the genesis for the rule that claims of ineffectiveness must be raised at the time a defendant is represented by new counsel; rather, this principle was first announced over two years earlier in Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435 (1975). | 2 | 2002–2015 |
Commonwealth v. Hubbard
red
2 sentences2004In a subsequent case, Commonwealth v. Bomar, 578 Pa. 426 , 826 A.2d 831, 853 (2003) the Supreme Court eapsulized the Grant standard and its departure from the Hubbard rule: In Commonwealth v. Grant, 572 Pa. 48 , 813 A.2d 726 (2002), this Court overruled the procedural rule announced in Commonwealth v. Hubbard, 472 Pa. 259 , 372 A.2d 687 (Pa.1977) requiring new counsel to raise claims of previous counsel’s ineffectiveness at the first opportunity, even if that first opportunity is on direct appeal and the claims of ineffectiveness were not raised in the trial court. 2004In a subsequent case, Commonwealth v. Bomar, 578 Pa. 426 , 826 A.2d 831, 853 (2003) the Supreme Court eapsulized the Grant standard and its departure from the Hubbard rule: In Commonwealth v. Grant, 572 Pa. 48 , 813 A.2d 726 (2002), this Court overruled the procedural rule announced in Commonwealth v. Hubbard, 472 Pa. 259 , 372 A.2d 687 (Pa.1977) requiring new counsel to raise claims of previous counsel’s ineffectiveness at the first opportunity, even if that first opportunity is on direct appeal and the claims of ineffectiveness were not raised in the trial court. | 2 | 2004–2015 |
Strickland v. Washington
green
2 sentences2012Following review of the parties' briefs and the hearing testimony, the PCRA court apparently did not find an additional hearing was necessary, as it denied all of Keaton's guilt phase claims, only awarding relief on his penalty phase mitigation claim. [4] See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (enunciating "performance and prejudice" test by which to assess counsel's stewardship). [5] Commonwealth v. Grant, 572 Pa. 48 , 813 A.2d 726 (2002), abrogated Hubbard's rule that ineffectiveness claims based on trial counsel's performance must be raised 2012Following review of the parties' briefs and the hearing testimony, the PCRA court apparently did not find an additional hearing was necessary, as it denied all of Keaton's guilt phase claims, only awarding relief on his penalty phase mitigation claim. [4] See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (enunciating "performance and prejudice" test by which to assess counsel's stewardship). [5] Commonwealth v. Grant, 572 Pa. 48 , 813 A.2d 726 (2002), abrogated Hubbard's rule that ineffectiveness claims based on trial counsel's performance must be raised | 1 | 2012–2012 |
Dilliplaine v. Lehigh Valley Trust Co.
green
2 sentences2002See, e.g., Commonwealth v. Piper, 458 Pa. 307 , 328 A.2d 845 (1974); Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974). 2002See, e.g., Commonwealth v. Piper, 458 Pa. 307 , 328 A.2d 845 (1974); Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974). | 1 | 2002–2002 |
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.
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.