claim will result waiver (Pennsylvania) · Go Syfert
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claim will result waiver in Pennsylvania

108 Pennsylvania opinions name it 1 courts 2012–2026 35 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 (16)

CaseFollowedCited
Commonwealth v. Sherwoodgreen
pa · 2009 · cited in 37 Pennsylvania opinions naming this issue, 2012–2025
2 sentences

2018“Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Commonwealth v. Sherwood, 982 A.2d 483, 494 (Pa. 2009).

2016Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Commonwealth v. Sherwood, 603 Pa. 92 , 982 A.2d 483, 494 (2009).

3637
Commonwealth v. Loftongreen
pasuperct · 2012 · cited in 33 Pennsylvania opinions naming this issue, 2013–2025
2 sentences

2025“Failure to properly preserve the claim will result in waiver[.]” Commonwealth v. Lofton, 57 A.3d 1270, 1273 (Pa.Super. 2012) (citation omitted).

2024“Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Commonwealth v. Lofton, 57 A.3d 1270, 1273 (Pa. Super. 2012) (citation omitted).

2733
Commonwealth v. Thompsongreen
pasuperct · 2014 · cited in 27 Pennsylvania opinions naming this issue, 2014–2026
2 sentences

2026“Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Id.

2024“Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Commonwealth v. Thompson, 93 A.3d 478, 490 (Pa. Super. 2014) (citations omitted).

2627
Commonwealth v. Griffingreen
pasuperct · 2013 · cited in 14 Pennsylvania opinions naming this issue, 2014–2019
2 sentences

2017Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Commonwealth v. Griffin, 65 A.3d 932, 938 (Pa. Super. 2013) (citing Pa.R.Crim.P. 607) (other citations omitted).

2017Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Griffin, supra at 938 (case citations omitted).

1214
Com. v. Rivera, W.green
pasuperct · 2020 · cited in 7 Pennsylvania opinions naming this issue, 2020–2023
2 sentences

2023Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Commonwealth v. Rivera, 238 A.3d 482, 497 (Pa. Super. 2020) (citations omitted); see also Pa.R.Crim.P. 607(A).

2023Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” See Commonwealth v. Rivera, 238 A.3d 482, 497 (Pa. Super. 2020); Pa.R.Crim.P. 607(A). (citations omitted).

77
Commonwealth v. Priestgreen
pasuperct · 2011 · cited in 2 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015“Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Id. (citing Commonwealth v. Sherwood, 982 A.2d 483, 494 (Pa. 2009)).

2015See Commonwealth v. Priest, 18 A.3d 1235 (Pa.Super. 2011). -4- J-S67014-15 Importantly, we recognize that “[f]ailure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” Commonwealth v. Thompson, 93 A.3d 478 (Pa.Super. 2014) (citing Commonwealth v. Sherwood, 982 A.2d 483, 494 (Pa. 2009)).

12
Com. v. Barkman, N.green
pasuperct · 2023 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Commonwealth v. Barkman, 295 A.3d 721, 736 (Pa. Super. 2023) (emphasis added); see also Commonwealth v. Lofton, 57 A.3d 1270, 1273 (Pa. Super. 2012).

11
Commonwealth v. Feuchtgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Failure to properly preserve -3- J-S09009-21 the claim will result in waiver, even if the trial court addresses the issue in its opinion”) (quotations and citations omitted); Commonwealth v. Feucht, 955 A.2d 377, 383 (Pa. Super. 2008) (“[t]o preserve issues concerning the discretionary aspects of sentencing, a defendant must raise them during sentencing or in a timely post-sentence motion”).

11
Commonwealth v. Holmesgreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020“Failure to properly preserve the claim will result in waiver[.]” Commonwealth v. Rivera, 238 A.3d 482, 497 (Pa. Super. 2020) (citation omitted). “[A] post-verdict motion, either that ‘the evidence was insufficient to support the verdict,’ or that ‘the verdict was against the weight of the evidence,’ will preserve no issue for appellate review unless the motion goes on to specify in what respect the evidence was insufficient or why the verdict was against the weight of the evidence.” Id. (quoting Commonwealth v. Holmes, 461 A.2d 1268, 1270 (Pa. Super. 1983) (en banc) (emphasis in original).

11
Commonwealth v. O'Bidosgreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” (citations omitted)); Commonwealth v. O’Bidos, 849 A.2d 243, 252 (Pa.Super. 2004), appeal denied, 860 A.2d 123 (Pa. 2004) (weight of the evidence claims must be raised via oral, written, or post-sentence motions in the trial court for the issue to be preserved for appeal (citations omitted)).

11
Commonwealth v. Wrecksgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Moreover, "[a]n untimely post- sentence motion does not preserve issues for appeal." Commonwealth v. Wrecks, 931 A.2d 717, 719 (Pa. Super. 2007).

11
Commonwealth v. Wilsongreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016"Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion." Griffin, supra, at 938 ; See also Commonwealth v. Wilson, 825 A.2d 710 (Pa. Super. 2003) ("A challenge to the weight of the evidence must first be raised in the trial court in order for it to be the subject of appellate review.").

11
Commonwealth v. Lilleygreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016“Nevertheless, in light of [c]ounsel’s petition to withdraw, we address Appellant’s contention.” Commonwealth v. Lilley, 978 A.2d 995, 998 (Pa. Super. 2009) (citation omitted).

11
Commonwealth v. Hillgreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015“Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its [Rule 1925(a)] opinion.” Commonwealth v. Thompson, 93 A.3d 478, 490 (Pa. Super. 2014) (citations omitted). “[T]he courts lack the authority to countenance deviations from the Rule’s terms; the Rule’s provisions are not subject to ad hoc exceptions or selective enforcement; appellants and their counsel are responsible for complying with the Rule’s requirements; Rule 1925 violations may be raised by the appellate court sua sponte.” Commonwealth v. Hill, 16 A.3d 484, 494 (Pa. 2011).

11
Commonwealth v. Pruittgreen
pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015The jury was free to reject Brickey’s explanations for her actions, see Commonwealth v. Pruitt, 951 A.2d 307, 313 (Pa. 2008), which it obviously did. -7- J-S70017-15 (internal citations omitted); see also Pa.R.Crim.P. 607.

11
Commonwealth v. Lyonsgreen
pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See also Lyons, supra. - 13 - J-A13037-15 supra, 57 A.3d at 1273 (“Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.”) (citation omitted).

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 (1)

CaseCitedYears
Com. v. O'BIDOS green
pa · 2004
1 sentence

2017Failure to properly preserve the claim will result in waiver, even if the trial court addresses the issue in its opinion.” (citations omitted)); Commonwealth v. O’Bidos, 849 A.2d 243, 252 (Pa.Super. 2004), appeal denied, 860 A.2d 123 (Pa. 2004) (weight of the evidence claims must be raised via oral, written, or post-sentence motions in the trial court for the issue to be preserved for appeal (citations omitted)).

12017–2017

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 2502 (9) PA § 18 Pa. Cons. Stat. § 2702 (7) PA § 18 Pa. Cons. Stat. § 903 (7) PA § 18 Pa. Cons. Stat. § 2706 (5) PA § 18 Pa. Cons. Stat. § 3701 (5) PA § 18 Pa. Cons. Stat. § 2301 (4) PA § 18 Pa. Cons. Stat. § 507 (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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