lack of merit standard (Pennsylvania) · Go Syfert
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lack of merit standard in Pennsylvania

16 Pennsylvania opinions name it 1 courts 2013–2022 4 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 (6)

CaseFollowedCited
Hont v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 1996 · cited in 2 Pennsylvania opinions naming this issue, 2016–2017
2 sentences

2017Hughes, 977 A.2d at 26 n.4. 4 Probation and Parole, 680 A.2d 47, 48 (Pa. Cmwlth. 1996) (en banc); Wesley, 614 A.2d at 356 .

2016Hughes, 977 A.2d at 26 n.4. 4 Pennsylvania Board of Probation and Parole, 705 A.2d 513, 514 (Pa. Cmwlth. 1998); Hont v. Pennsylvania Board of Probation and Parole, 680 A.2d 47, 48 (Pa. Cmwlth. 1996) (en banc); Wesley, 614 A.2d at 356 .

22
Smith v. Board of Probation & Parolegreen
pa · 1990 · cited in 2 Pennsylvania opinions naming this issue, 2015–2016
2 sentences

2016Smith v. Pennsylvania Board of Probation and Parole, 574 A.2d 558, 562 (Pa. 1990).

2015Smith v. Pennsylvania Board of Probation and Parole, 574 A.2d 558, 562 (Pa. 1990).

22
Miskovitch v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 2013 · cited in 3 Pennsylvania opinions naming this issue, 2017–2018
2 sentences

2018Where a no-merit letter is sufficient but counsel has instead chosen to submit an Anders brief, we apply the lack of merit standard. 77 A.3d at 70 .

2018Miskovitch v. Pa. Bd. of Prob. & Parole, 77 A.3d 66, 69-70 (Pa. Cmwlth. 2013). 2 The Certified Record does not clearly confirm that Brantley was actually transferred to Minsec.

13
Commonwealth v. Santiagogreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Commonwealth v. Santiago, 978 A.2d 349, 351 (Pa. 2009). 7 brief on his behalf, we apply the lack of merit standard. 7 Hughes, 977 A.2d at 26 n.4 (“As in the past, we will not deny an application to withdraw simply because an attorney has filed an Anders brief where a no-merit letter would suffice.

11
Smith v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017Hughes, 977 A.2d at 26 n.4. 4 Our scope of review is limited to determining whether constitutional rights were violated, whether the adjudication was in accordance with the law, and whether necessary findings were supported by substantial evidence. 2 Pa. C.S. § 704; Smith v. Pennsylvania Board of Probation and Parole, 81 A.3d 1091 , 1093 n.1 (Pa. Cmwlth. 2013). 6 be received within 30 days of the mailing date of the Board’s order. 37 Pa. Code § 73.1 (a)(1), (b)(1); see also 61 Pa. C.S. § 6113(d)(1); Smith v. Pennsylvania Board of Probation and Parole, 81 A.3d 1091, 1094 (Pa. Cmwlth. 2013).

2017Hughes, 977 A.2d at 26 n.4. 4 Our scope of review is limited to determining whether constitutional rights were violated, whether the adjudication was in accordance with the law, and whether necessary findings were supported by substantial evidence. 2 Pa. C.S. § 704; Smith v. Pennsylvania Board of Probation and Parole, 81 A.3d 1091 , 1093 n.1 (Pa. Cmwlth. 2013). 6 be received within 30 days of the mailing date of the Board’s order. 37 Pa. Code § 73.1 (a)(1), (b)(1); see also 61 Pa. C.S. § 6113(d)(1); Smith v. Pennsylvania Board of Probation and Parole, 81 A.3d 1091, 1094 (Pa. Cmwlth. 2013).

11
Jefferson v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Hughes, 977 A.2d at 26 n.4. 4 Pennsylvania Board of Probation and Parole, 705 A.2d 513, 514 (Pa. Cmwlth. 1998); Hont v. Pennsylvania Board of Probation and Parole, 680 A.2d 47, 48 (Pa. Cmwlth. 1996) (en banc); Wesley, 614 A.2d at 356 .

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 (7)

CaseCitedYears
Hughes v. Pennsylvania Board of Probation & Parole green
pacommwct · 2009
2 sentences

2022Hughes, 977 A.2d at 25 -26 (quoting Gagnon v. Scarpelli, 411 U.S. 778 (1973)).

2017Id.

82013–2022
Palmer v. Pennsylvania Board of Probation & Parole green
pacommwct · 2016
2 sentences

2019Miskovitch v. Pa. Bd. of Prob. & Parole, 77 2 Our review is limited to determining whether the Board’s findings of fact are supported by substantial evidence, whether the Board’s decision is in accordance with law, or whether the parolee’s constitutional rights have been violated. 2 Pa.C.S. §704; Palmer v. Pa. Bd. of Prob. & Parole, 134 A.3d 160 , 164 n.2 (Pa. Cmwlth. 2016). 3 Anders v. California, 386 U.S. 738 (1967). 4 Johnson’s right to counsel arises pursuant to Section 6(a)(10) of the Public Defender Act, Act of December 2, 1968, P.L. 1144, as amended, 16 P.S. § 9960.6(a)(10) and therefor

2019Miskovitch v. Pa. Bd. of Prob. & Parole, 77 2 Our review is limited to determining whether the Board’s findings of fact are supported by substantial evidence, whether the Board’s decision is in accordance with law, or whether the parolee’s constitutional rights have been violated. 2 Pa.C.S. §704; Palmer v. Pa. Bd. of Prob. & Parole, 134 A.3d 160 , 164 n.2 (Pa. Cmwlth. 2016). 3 Anders v. California, 386 U.S. 738 (1967). 4 Johnson’s right to counsel arises pursuant to Section 6(a)(10) of the Public Defender Act, Act of December 2, 1968, P.L. 1144, as amended, 16 P.S. § 9960.6(a)(10) and therefor

22019–2019
Anders v. California green
scotus · 1967
2 sentences

2019Miskovitch v. Pa. Bd. of Prob. & Parole, 77 2 Our review is limited to determining whether the Board’s findings of fact are supported by substantial evidence, whether the Board’s decision is in accordance with law, or whether the parolee’s constitutional rights have been violated. 2 Pa.C.S. §704; Palmer v. Pa. Bd. of Prob. & Parole, 134 A.3d 160 , 164 n.2 (Pa. Cmwlth. 2016). 3 Anders v. California, 386 U.S. 738 (1967). 4 Johnson’s right to counsel arises pursuant to Section 6(a)(10) of the Public Defender Act, Act of December 2, 1968, P.L. 1144, as amended, 16 P.S. § 9960.6(a)(10) and therefor

2019Miskovitch v. Pa. Bd. of Prob. & Parole, 77 2 Our review is limited to determining whether the Board’s findings of fact are supported by substantial evidence, whether the Board’s decision is in accordance with law, or whether the parolee’s constitutional rights have been violated. 2 Pa.C.S. §704; Palmer v. Pa. Bd. of Prob. & Parole, 134 A.3d 160 , 164 n.2 (Pa. Cmwlth. 2016). 3 Anders v. California, 386 U.S. 738 (1967). 4 Johnson’s right to counsel arises pursuant to Section 6(a)(10) of the Public Defender Act, Act of December 2, 1968, P.L. 1144, as amended, 16 P.S. § 9960.6(a)(10) and therefor

22019–2019
Wesley v. Pennsylvania Board of Probation & Parole green
pacommwct · 1992
2 sentences

2017Hughes, 977 A.2d at 26 n.4. 4 Probation and Parole, 680 A.2d 47, 48 (Pa. Cmwlth. 1996) (en banc); Wesley, 614 A.2d at 356 .

2016Hughes, 977 A.2d at 26 n.4. 4 Pennsylvania Board of Probation and Parole, 705 A.2d 513, 514 (Pa. Cmwlth. 1998); Hont v. Pennsylvania Board of Probation and Parole, 680 A.2d 47, 48 (Pa. Cmwlth. 1996) (en banc); Wesley, 614 A.2d at 356 .

22016–2017
Gagnon v. Scarpelli red
scotus · 1973
1 sentence

2022Hughes, 977 A.2d at 25 -26 (quoting Gagnon v. Scarpelli, 411 U.S. 778 (1973)).

12022–2022
Seilhamer v. Pennsylvania Board of Probation & Parole green
pacommwct · 2010
1 sentence

2021Seilhamer, 996 A.2d at 42 n.4. 7 Because Detelich does not have a constitutional right to counsel, we apply the lack-of- merit standard.5 In this matter, Counsel has satisfied her duty pursuant to Craig.

12021–2021
Hughes v. Pa. Bd. of Prob. & Parole green
pacommwct · 2018
1 sentence

2021Id.

12021–2021

Statutes the citing opinions construe

PA § 61 Pa. Cons. Stat. § 6138 (11) PA § 61 Pa. Cons. Stat. § 6101 (4)

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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