reconsideration hearing (Pennsylvania) · Go Syfert
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reconsideration hearing in Pennsylvania

16 Pennsylvania opinions name it 6 courts 1957–2024 5 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
Carver House, Inc. v. Liquor Control Boardgreen
pacommwct · 1971 · cited in 2 Pennsylvania opinions naming this issue, 1973–1974
2 sentences

1974See The Carver House, Inc. v. Liquor Control Board, 3 Comm. Ct. 453, 281 A. 2d 473 (1971).

1973See The Carver House, Inc. v. Liquor Control Board, 3 Pa. Commonwealth Ct. 453 , 281 A. 2d 473 (1971); however, the Supreme Court has chosen to reaffirm the rule.

22
Commonwealth v. Mourygreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Commonwealth v. Moury, 992 A.2d 162, 170 (Pa. Super. 2010) (“Objections to the discretionary aspects of a sentence are generally waived if they are not raised at the sentencing hearing or in a motion to modify the sentence imposed.”).10 ____________________________________________ 9 At the reconsideration hearing held on March 3, 2023, Cook objected to the revocation court’s reference to his prior firearm charges, saying he was not convicted of those charges.

11
Commonwealth v. Quinlangreen
pasuperct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023According to the Commonwealth, the PSI3 prepared in this case indicates Cool has a serious ____________________________________________ 2 “Well-settled Pennsylvania law permits the Commonwealth to pursue a correction, modification or increase in the originally imposed sentence because no sentence is final until the right of appellate review has been exhausted or waived.” Commonwealth v. Quinlan, 639 A.2d 1235, 1239 (Pa. Super. 1994) (citations omitted); see Pa.R.Crim.P. 721(A)(1), (B) (Commonwealth may file motion to modify sentence within ten days after sentence’s imposition). 3 Although Cool

11
Commonwealth v. Prestongreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023It is well-settled that “an appellate court is limited to considering only the materials in the certified record when resolving an issue.” Commonwealth v. Preston, 904 A.2d 1, 6 (Pa. Super. 2006), appeal denied, 916 A.2d 632 (Pa. 2007) (citation omitted).

11
Commonwealth v. Moirgreen
pasuperct · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Moir, supra. Instead, the court simply provided the parties with notices announcing the reconsideration hearing, which were generated through the court’s automated scheduling system.

11
Evans v. United Statesgreen
paed · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Both the trial court and the Commonwealth rely upon a statement of law espoused by the Federal District Court of the Eastern District of Pennsylvania, presented by Father at the reconsideration hearing, which states: “Courts should grant [reconsideration] sparingly, reserving them for - 13 - J-A25003-14 instances when: (1) there has been an intervening change in controlling law; (2) new evidence has become available; or (3) there is a need to prevent manifest injustice or correct a clear error of law or fact.” Evans v. United States, 173 F. Supp. 2d 334, 335 (E.D.

11
Luckenbaugh v. Shearergreen
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011Vanleer v. Lerner, 559 A.2d 577, 579 (Pa. Super. 1989), citing Luckenbaugh v. Shearer, 523 A.2d 399, 402 (Pa. Super. 1987). (emphasis added) This court further denies the factual allegations set forth by the appellant on what occurred at the reconsideration hearing that was held on October 21, 2010.

11
Vanleer v. Lernergreen
pa · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011Vanleer v. Lerner, 559 A.2d 577, 579 (Pa. Super. 1989), citing Luckenbaugh v. Shearer, 523 A.2d 399, 402 (Pa. Super. 1987). (emphasis added) This court further denies the factual allegations set forth by the appellant on what occurred at the reconsideration hearing that was held on October 21, 2010.

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 (12)

CaseCitedYears
Com. v. McNeal green
pa · 2007
1 sentence

2023It is well-settled that “an appellate court is limited to considering only the materials in the certified record when resolving an issue.” Commonwealth v. Preston, 904 A.2d 1, 6 (Pa. Super. 2006), appeal denied, 916 A.2d 632 (Pa. 2007) (citation omitted).

12023–2023
Commonwealth v. Coulverson green
pasuperct · 2011
1 sentence

2023Coulverson, supra. The trial court reviewed Toro’s PSI before sentencing, which included information about his childhood, upbringing, physical and mental health issues, employment history and drug use.

12023–2023
Commonwealth v. Disalvo green
pasuperct · 2013
1 sentence

2023However, a bald claim that the trial court did not give adequate consideration to mitigating factors does not raise a substantial question for our review.6 Disalvo, supra. Accordingly, any challenge to the discretionary aspects of his sentence is frivolous.

12023–2023
Commonwealth v. Lantzy green
pa · 1999
2 sentences

2020The court noted that counsel “gave details concerning her conversations with [Knox], both before and after the guilty plea and sentencing, as well as both prior and subsequent to the reconsideration hearing.” Id.

2020The court noted that Knox told counsel he intended to file a PCRA petition and that counsel stated that “he was very clear that he did not wish for me to pursue any further action.” Id.

12020–2020
Commonwealth v. Hood green
pasuperct · 2005
1 sentence

2015This Court denied the request relying on Commonwealth v. Hood, 872 A.2d 175 (Pa.Super. 2005).

12015–2015
Smith v. Smith green
pasuperct · 2006
1 sentence

2014Id. at 34 .

12014–2014
Garner v. Jones green
scotus · 2000
2 sentences

2002Jones, 529 U.S. at 254 , 120 S.Ct. 1362 .

2002Jones, 529 U.S. at 254 , 120 S.Ct. 1362 .

12002–2002
Terminato v. Pennsylvania National Insurance green
pa · 1994
2 sentences

1998In Terminato v. Pennsylvania National Insurance Company, 538 Pa. 60 , 645 A.2d 1287 (1994), our Supreme Court, in addressing the issue whether an insured must seek reconsideration of an adverse peer review decision before initiating an action in common pleas court to recover medical benefits under an automobile insurance policy, held that the failure to seek such a reconsideration does not bar a common pleas action.

1998In Terminato v. Pennsylvania National Insurance Company, 538 Pa. 60 , 645 A.2d 1287 (1994), our Supreme Court, in addressing the issue whether an insured must seek reconsideration of an adverse peer review decision before initiating an action in common pleas court to recover medical benefits under an automobile insurance policy, held that the failure to seek such a reconsideration does not bar a common pleas action.

11998–1998
Commonwealth v. Johnson green
pa · 1968
2 sentences

1982Commonwealth v. Johnson, 428 Pa. 210 , 236 A.2d 805 (1968).

1982Commonwealth v. Johnson, 428 Pa. 210 , 236 A.2d 805 (1968).

11982–1982
United States of America Ex Rel. Cleveland Thompson v. Charles L. Dye, Warden, Allegheny County Jail green
ca3 · 1955
1 sentence

1957On appeal, the writ was granted without prejudice to the Commonwealth of Pennsylvania to retry the defendant ( Same Caption, 221 F. 2d 763 ). [2] There was also reliance on the fact that defendant had been drinking and smoking marihuana. [3] P.L. 759, 18 PS § 2222, now part of The Penal Code of 1939, 18 PS § 4701. [4] A reconsideration of this rule was urged and rejected in Com. v. Harris, 314 Pa., supra, p. 82. [5] The cases relied upon by defendant did not support the dictum which was sometimes found therein which would limit the admissibility of prior convictions to cases wherein the defend

11957–1957
Commonwealth v. Cannon green
pa · 1956
1 sentence

1957I do not go into this discussion at all because, in my view of the case, even if the court-martial does qualify as a proper record, it was improperly introduced for the purpose specified. [*] Commonwealth v. Cannon, 386 Pa. 62 . [**] Italics throughout, mine. [*] Chief Justice MAXEY overlooked the fact that there are other laws protecting society from habitual offenders.

11957–1957
Commonwealth v. Williams green
pa · 1931
1 sentence

1957On appeal, the writ was granted without prejudice to the Commonwealth of Pennsylvania to retry the defendant ( Same Caption, 221 F. 2d 763 ). [2] There was also reliance on the fact that defendant had been drinking and smoking marihuana. [3] P.L. 759, 18 PS § 2222, now part of The Penal Code of 1939, 18 PS § 4701. [4] A reconsideration of this rule was urged and rejected in Com. v. Harris, 314 Pa., supra, p. 82. [5] The cases relied upon by defendant did not support the dictum which was sometimes found therein which would limit the admissibility of prior convictions to cases wherein the defend

11957–1957

Where else courts name it

PA 16 (1957–2024) CA 11 (1955–2024) WI 9 (1955–2026) NJ 8 (1987–2026) OH 7 (2002–2024) IL 6 (1972–2024) NY 5 (1982–2025) SC 4 (2008–2020) CT 3 (2005–2021) HI 3 (2004–2024) ME 3 (2001–2007) OR 3 (1988–2001) MD 3 (1974–2013) NC 2 (1971–2006) KS 2 (1990–2018) WA 2 (1978–1978) NH 2 (1986–1989) MA 2 (1999–2008) DC 2 (1960–1994) TX 2 (1992–1999) VA 2 (2009–2009) MI 2 (2015–2016) MN 2 (1970–1979) WY 2 (1978–2009) CO 2 (1952–2020)

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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