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18 Pennsylvania opinions name it 3 courts 1871–2011 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Dancergreen2 sentences2011Therein, he noted that before Hubbard , there appeared to be some flexibility in the requirement that claims of prior counsel ineffectiveness must be raised at the time new counsel entered the case, including an exception when "the grounds upon which the claim of ineffective assistance are based do not appear in the trial record.” See Ly, 989 A.2d at 3 (Saylor, J., dissenting) (quoting Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435, 438 (1975)). 2011Therein, he noted that before Hubbard , there appeared to be some flexibility in the requirement that claims of prior counsel ineffectiveness must be raised at the time new counsel entered the case, including an exception when "the grounds upon which the claim of ineffective assistance are based do not appear in the trial record.” See Ly, 989 A.2d at 3 (Saylor, J., dissenting) (quoting Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435, 438 (1975)). | 7 | 13 |
Commonwealth v. Cam Lygreen2 sentences2011Therein, he noted that before Hubbard , there appeared to be some flexibility in the requirement that claims of prior counsel ineffectiveness must be raised at the time new counsel entered the case, including an exception when "the grounds upon which the claim of ineffective assistance are based do not appear in the trial record.” See Ly, 989 A.2d at 3 (Saylor, J., dissenting) (quoting Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435, 438 (1975)). 2011Regardless of whether Hubbard intended to make such an inflexible pronouncement, or whether it squared with Dancer , the fact remains that subsequent case law interpreted the Hubbard rule as being inflexible, see Ly, 989 A.2d at 3-4 , and this was the legal landscape governing the professional duties of appellate practitioners on the criminal defense side. . | 1 | 1 |
Alpha Tau Omega Fraternity v. University of Pennsylvaniagreen2 sentences2009Alpha Tau Omega Fraternity v. University of Pennsylvania, 318 Pa. Super. 293, 298 , 464 A.2d 1349, 1352 (1983). 2009Alpha Tau Omega Fraternity v. University of Pennsylvania, 318 Pa. Super. 293, 298 , 464 A.2d 1349, 1352 (1983). | 1 | 1 |
Commonwealth v. Blairgreen2 sentences1981See generally Commonwealth v. Blair, 460 Pa. 31 , 331 A.2d 213 (1975). * “Our Post Conviction Hearing Act and the principles of judgment finality mandate that claims of ineffectiveness of counsel may only be raised in PCHA proceedings 1) where petitioner is represented on appeal by his trial counsel, for it is unrealistic to expect trial counsel on direct appeal to argue his own ineffectiveness, 2) where the petitioner is represented on appeal by new counsel, but the grounds upon which the claim of ineffective assistance are based do not appear in the trial record, 3) where the petitioner is a 1981See generally Commonwealth v. Blair, 460 Pa. 31 , 331 A.2d 213 (1975). * “Our Post Conviction Hearing Act and the principles of judgment finality mandate that claims of ineffectiveness of counsel may only be raised in PCHA proceedings 1) where petitioner is represented on appeal by his trial counsel, for it is unrealistic to expect trial counsel on direct appeal to argue his own ineffectiveness, 2) where the petitioner is represented on appeal by new counsel, but the grounds upon which the claim of ineffective assistance are based do not appear in the trial record, 3) where the petitioner is a | 1 | 1 |
Commonwealth v. Turzagreen2 sentences1980“This rule is rooted in a hesitancy to convict one of crime on the basis of his statements only. ‘The grounds upon which the rule rests are the hasty and unguarded character which is often attached to confessions and admissions and the consequent danger of a conviction where no crime has in fact been committed . . .'"Commonwealth v. Ware, supra, 459 Pa. at 365 , 329 A.2d at 274 , quoting Commonwealth v. Turza, 340 Pa. 128, 134 , 16 A.2d 401, 404 (1940). *176 In determining whether here the Commonwealth established the corpus delicti, certain basic principles must be applied. 1980“This rule is rooted in a hesitancy to convict one of crime on the basis of his statements only. ‘The grounds upon which the rule rests are the hasty and unguarded character which is often attached to confessions and admissions and the consequent danger of a conviction where no crime has in fact been committed . . .'"Commonwealth v. Ware, supra, 459 Pa. at 365 , 329 A.2d at 274 , quoting Commonwealth v. Turza, 340 Pa. 128, 134 , 16 A.2d 401, 404 (1940). *176 In determining whether here the Commonwealth established the corpus delicti, certain basic principles must be applied. | 1 | 1 |
Commonwealth v. Harrisongreen2 sentences1976Commonwealth v. Harrison, 228 Pa. Superior Ct. 42, 44 , 323 A.2d 848, 849 (1974) best summarizes the posture of our Court prior to Commonwealth v. Dancer, supra: “Ordinarily this Court will not decide a claim of ineffectual assistance of counsel on direct appeal. 1976Commonwealth v. Harrison, 228 Pa. Superior Ct. 42, 44 , 323 A.2d 848, 849 (1974) best summarizes the posture of our Court prior to Commonwealth v. Dancer, supra: “Ordinarily this Court will not decide a claim of ineffectual assistance of counsel on direct appeal. | 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. Brusky
green
2 sentences1980The corpus delicti could be proved by either direct or circumstantial evidence, just as any other fact, Commonwealth v. Leslie, 424 Pa. 331 , 227 A.2d 900 (1967); Commonwealth v. Brusky, 219 Pa.Super. 54 , 280 A.2d 826 (1971), the only qualification being that the proof of the corpus delicti had to be proof independent of Moyer’s confessions. 1980The corpus delicti could be proved by either direct or circumstantial evidence, just as any other fact, Commonwealth v. Leslie, 424 Pa. 331 , 227 A.2d 900 (1967); Commonwealth v. Brusky, 219 Pa.Super. 54 , 280 A.2d 826 (1971), the only qualification being that the proof of the corpus delicti had to be proof independent of Moyer’s confessions. | 1 | 1980–1980 |
Commonwealth v. Leslie
green
2 sentences1980The corpus delicti could be proved by either direct or circumstantial evidence, just as any other fact, Commonwealth v. Leslie, 424 Pa. 331 , 227 A.2d 900 (1967); Commonwealth v. Brusky, 219 Pa.Super. 54 , 280 A.2d 826 (1971), the only qualification being that the proof of the corpus delicti had to be proof independent of Moyer’s confessions. 1980The corpus delicti could be proved by either direct or circumstantial evidence, just as any other fact, Commonwealth v. Leslie, 424 Pa. 331 , 227 A.2d 900 (1967); Commonwealth v. Brusky, 219 Pa.Super. 54 , 280 A.2d 826 (1971), the only qualification being that the proof of the corpus delicti had to be proof independent of Moyer’s confessions. | 1 | 1980–1980 |
Commonwealth v. Ware
green
2 sentences1980“This rule is rooted in a hesitancy to convict one of crime on the basis of his statements only. ‘The grounds upon which the rule rests are the hasty and unguarded character which is often attached to confessions and admissions and the consequent danger of a conviction where no crime has in fact been committed . . .'"Commonwealth v. Ware, supra, 459 Pa. at 365 , 329 A.2d at 274 , quoting Commonwealth v. Turza, 340 Pa. 128, 134 , 16 A.2d 401, 404 (1940). *176 In determining whether here the Commonwealth established the corpus delicti, certain basic principles must be applied. 1980“This rule is rooted in a hesitancy to convict one of crime on the basis of his statements only. ‘The grounds upon which the rule rests are the hasty and unguarded character which is often attached to confessions and admissions and the consequent danger of a conviction where no crime has in fact been committed . . .'"Commonwealth v. Ware, supra, 459 Pa. at 365 , 329 A.2d at 274 , quoting Commonwealth v. Turza, 340 Pa. 128, 134 , 16 A.2d 401, 404 (1940). *176 In determining whether here the Commonwealth established the corpus delicti, certain basic principles must be applied. | 1 | 1980–1980 |
Commonwealth v. Dancer
green
2 sentences1976(Emphasis added.) In Dancer , appellant did not raise the claim of ineffectiveness on direct appeal, see Commonwealth v. Dancer, 452 Pa. 221 , 305 A. 2d 364 (1973), but raised it for the first time in a PCHA petition. 1976(Emphasis added.) In Dancer , appellant did not raise the claim of ineffectiveness on direct appeal, see Commonwealth v. Dancer, 452 Pa. 221 , 305 A. 2d 364 (1973), but raised it for the first time in a PCHA petition. | 1 | 1976–1976 |
Cochran v. Eldridge
green
1 sentence1938The grounds upon which the rule is founded are, of course, as varied as those of bills in equity, and, as in equity, each case must stand upon its own peculiar merits”: Mitchell on Motions and Rules, pp. 76, 77, Edition of 1879. .The history of rules to open judgments, as an exercise of chancery powers, before a court of equity had been established in Pennsylvania, was set forth at length by Chief Justice Woodward in Cochran v. Eldridge, 49 Pa. 365 . | 1 | 1938–1938 |
O'Hara v. Baum
neutral
1 sentence1935Bearing in mind that a rule to strike off judgment is in the nature of a demurrer to the record, (North & Co. v. Torke, 174 Pa. 349, 351 , 34 A. 620 ), while a rule to open judgment is a substitute for a bill in equity (Lawrence v. Smith, 215 Pa. 534, 536 , 64 A. 776 ; O’Hara v. Baum, 82 Pa. 416, 420 ; Fisher v. Hestonville, &c. | 1 | 1935–1935 |
North v. Yorke
green
2 sentences1935Bearing in mind that a rule to strike off judgment is in the nature of a demurrer to the record, (North & Co. v. Torke, 174 Pa. 349, 351 , 34 A. 620 ), while a rule to open judgment is a substitute for a bill in equity (Lawrence v. Smith, 215 Pa. 534, 536 , 64 A. 776 ; O’Hara v. Baum, 82 Pa. 416, 420 ; Fisher v. Hestonville, &c. 1935Bearing in mind that a rule to strike off judgment is in the nature of a demurrer to the record, (North & Co. v. Torke, 174 Pa. 349, 351 , 34 A. 620 ), while a rule to open judgment is a substitute for a bill in equity (Lawrence v. Smith, 215 Pa. 534, 536 , 64 A. 776 ; O’Hara v. Baum, 82 Pa. 416, 420 ; Fisher v. Hestonville, &c. | 1 | 1935–1935 |
Lawrence v. Smith
neutral
2 sentences1935Bearing in mind that a rule to strike off judgment is in the nature of a demurrer to the record, (North & Co. v. Torke, 174 Pa. 349, 351 , 34 A. 620 ), while a rule to open judgment is a substitute for a bill in equity (Lawrence v. Smith, 215 Pa. 534, 536 , 64 A. 776 ; O’Hara v. Baum, 82 Pa. 416, 420 ; Fisher v. Hestonville, &c. 1935Bearing in mind that a rule to strike off judgment is in the nature of a demurrer to the record, (North & Co. v. Torke, 174 Pa. 349, 351 , 34 A. 620 ), while a rule to open judgment is a substitute for a bill in equity (Lawrence v. Smith, 215 Pa. 534, 536 , 64 A. 776 ; O’Hara v. Baum, 82 Pa. 416, 420 ; Fisher v. Hestonville, &c. | 1 | 1935–1935 |
Knight v. Pugh
neutral
1 sentence1871These are the grounds upon which the rule is placed in Knight v. Pugh, 4 W. & S. 445 ; Brown v. Street, 6 Id. 221; Albrecht v. Strimpler, 7 Barr 476; Gray v. The Bank, 5 Casey 365. | 1 | 1871–1871 |
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.