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15 Pennsylvania opinions name it 3 courts 1967–1978 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. Viagreen2 sentences1978While appellant might *273 have avoided waiver had he prevailed on his Douglas claim, Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (filed July 7, 1975); Commonwealth v. Via, 455 Pa. 373, 376 , 316 A.2d 895, 897 (1974), his failure to pursue the hearing court's adverse ruling on this point precludes further consideration of the issue." (Footnotes omitted.) Id. 463 Pa. at 462 , 345 A.2d at 612 . 1978While appellant might *273 have avoided waiver had he prevailed on his Douglas claim, Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (filed July 7, 1975); Commonwealth v. Via, 455 Pa. 373, 376 , 316 A.2d 895, 897 (1974), his failure to pursue the hearing court's adverse ruling on this point precludes further consideration of the issue." (Footnotes omitted.) Id. 463 Pa. at 462 , 345 A.2d at 612 . | 2 | 2 |
Commonwealth v. Kizergreen2 sentences1968See Commonwealth v. Kizer, 428 Pa. 99 , 236 A. 2d 515 (1967). 1968See Commonwealth v. Kizer, 428 Pa. 99 , 236 A. 2d 515 (1967). | 1 | 2 |
Commonwealth v. Snydergreen2 sentences1968See, e.g., Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530, 540 (1967), where we held that bald allegations of “perjured testimony” and “obstruction of the right to appeal” were legal conclusions only. 1968See, e.g., Commonwealth v. Snyder, 427 Pa. 83, 102 , 233 A. 2d 530, 540 (1967), where we held that bald allegations of “perjured testimony” and “obstruction of the right to appeal” were legal conclusions only. | 1 | 1 |
Johnson v. Zerbstgreen2 sentences1967In our view, even when viewed in the light most favorable to the Commonwealth, the facts developed at the hearing will not support a finding that appellant’s failure to prosecute an appeal is the result of an “intentional relinquishment or abandonment of a known right.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S. Ct. 1019, 1023 (1938); see Commonwealth ex rel. 1967In our view, even when viewed in the light most favorable to the Commonwealth, the facts developed at the hearing will not support a finding that appellant’s failure to prosecute an appeal is the result of an “intentional relinquishment or abandonment of a known right.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S. Ct. 1019, 1023 (1938); see Commonwealth ex rel. | 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. Satchell
green
2 sentences1968Section 4(c) provides that failure to raise an issue is rebuttably presumed to be knowing and understanding, where as here appellant was represented by counsel at his prior collateral proceeding, see Commonwealth v. Satchell, 430 Pa. 443 , 243 A. 2d 381 (1968); Commonwealth v. Mumford, 430 Pa. 451 , 243 A. 2d 440 (1968), there is no indication that appellant’s failure to raise his Douglas claim was not knowing and understanding. 1968Section 4(c) provides that failure to raise an issue is rebuttably presumed to be knowing and understanding, where as here appellant was represented by counsel at his prior collateral proceeding, see Commonwealth v. Satchell, 430 Pa. 443 , 243 A. 2d 381 (1968); Commonwealth v. Mumford, 430 Pa. 451 , 243 A. 2d 440 (1968), there is no indication that appellant’s failure to raise his Douglas claim was not knowing and understanding. | 4 | 1968–1968 |
Commonwealth v. Stokes
green
2 sentences1978Citing Commonwealth v. Stokes, 426 Pa. 265 , 232 A.2d 193 (1967), the post-conviction court said the following as to appellant's claim that he was denied his appeal rights. 1978Citing Commonwealth v. Stokes, 426 Pa. 265 , 232 A.2d 193 (1967), the post-conviction court said the following as to appellant's claim that he was denied his appeal rights. | 3 | 1968–1978 |
Commonwealth v. Mumford
green
2 sentences1968Section 4(c) provides that failure to raise an issue is rebuttably presumed to be knowing and understanding, where as here appellant was represented by counsel at his prior collateral proceeding, see Commonwealth v. Satchell, 430 Pa. 443 , 243 A. 2d 381 (1968); Commonwealth v. Mumford, 430 Pa. 451 , 243 A. 2d 440 (1968), there is no indication that appellant’s failure to raise his Douglas claim was not knowing and understanding. 1968Section 4(c) provides that failure to raise an issue is rebuttably presumed to be knowing and understanding, where as here appellant was represented by counsel at his prior collateral proceeding, see Commonwealth v. Satchell, 430 Pa. 443 , 243 A. 2d 381 (1968); Commonwealth v. Mumford, 430 Pa. 451 , 243 A. 2d 440 (1968), there is no indication that appellant’s failure to raise his Douglas claim was not knowing and understanding. | 3 | 1968–1968 |
Commonwealth v. Fiero
green
2 sentences1978While appellant might *273 have avoided waiver had he prevailed on his Douglas claim, Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (filed July 7, 1975); Commonwealth v. Via, 455 Pa. 373, 376 , 316 A.2d 895, 897 (1974), his failure to pursue the hearing court's adverse ruling on this point precludes further consideration of the issue." (Footnotes omitted.) Id. 463 Pa. at 462 , 345 A.2d at 612 . 1978While appellant might *273 have avoided waiver had he prevailed on his Douglas claim, Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (filed July 7, 1975); Commonwealth v. Via, 455 Pa. 373, 376 , 316 A.2d 895, 897 (1974), his failure to pursue the hearing court's adverse ruling on this point precludes further consideration of the issue." (Footnotes omitted.) Id. 463 Pa. at 462 , 345 A.2d at 612 . | 2 | 1975–1978 |
Commonwealth v. Tunnell
green
2 sentences1978While appellant might *273 have avoided waiver had he prevailed on his Douglas claim, Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (filed July 7, 1975); Commonwealth v. Via, 455 Pa. 373, 376 , 316 A.2d 895, 897 (1974), his failure to pursue the hearing court's adverse ruling on this point precludes further consideration of the issue." (Footnotes omitted.) Id. 463 Pa. at 462 , 345 A.2d at 612 . 1978While appellant might *273 have avoided waiver had he prevailed on his Douglas claim, Commonwealth v. Fiero, 462 Pa. 409 , 341 A.2d 448 (filed July 7, 1975); Commonwealth v. Via, 455 Pa. 373, 376 , 316 A.2d 895, 897 (1974), his failure to pursue the hearing court's adverse ruling on this point precludes further consideration of the issue." (Footnotes omitted.) Id. 463 Pa. at 462 , 345 A.2d at 612 . | 1 | 1978–1978 |
Commonwealth ex rel. Bostic v. Cavell
green
2 sentences1975Bostic v. Cavill, 424 Pa. 573 , 227 A.2d 662 (1967). 4 The fact that in such a context the denial is non-prejudicial does not, however, support the conclusion that there is no purpose to be served by a consideration of the merits of the Douglas claim. 1975Bostic v. Cavill, 424 Pa. 573 , 227 A.2d 662 (1967). 4 The fact that in such a context the denial is non-prejudicial does not, however, support the conclusion that there is no purpose to be served by a consideration of the merits of the Douglas claim. | 1 | 1975–1975 |
Commonwealth v. Walters
green
2 sentences1973Cf. Commonwealth v. Walters, 431 Pa. 74 , 244 A. 2d 757 (1968) ; Commonwealth v. Stokes, 426 Pa. 265 , 232 A. 2d 193 (1967). 4 To the extent that issues to be raised on appeal will duplicate those raised in the PCHA petition, it will not be necessary in this case for appellant to file isost-tzúal motions. 1973Cf. Commonwealth v. Walters, 431 Pa. 74 , 244 A. 2d 757 (1968) ; Commonwealth v. Stokes, 426 Pa. 265 , 232 A. 2d 193 (1967). 4 To the extent that issues to be raised on appeal will duplicate those raised in the PCHA petition, it will not be necessary in this case for appellant to file isost-tzúal motions. | 1 | 1973–1973 |
Puget Sound Stevedoring Co. v. State Tax Commission
green
1 sentence1971Doing so puts Atlantic’s services out of the stream of interstate and foreign commerce.” In Puget Sound Stevedoring Co., supra, it was recognized that transportation of cargo by water is impossible unless the thing to be transported is put aboard the ship and taken off at its destination. | 1 | 1971–1971 |
Commonwealth v. Littlejohn
green
2 sentences1971However, on January 24, 1969, this court held for the first time in Commonwealth v. Littlejohn, 433 Pa. 336 , 250 A. 2d 811 (1969), that failure to appeal because of fear of the death penalty on retrial was not a knowing and voluntary waiver of the right to appeal. 1971However, on January 24, 1969, this court held for the first time in Commonwealth v. Littlejohn, 433 Pa. 336 , 250 A. 2d 811 (1969), that failure to appeal because of fear of the death penalty on retrial was not a knowing and voluntary waiver of the right to appeal. | 1 | 1971–1971 |
Commonwealth v. Wilson
green
2 sentences1968Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968). 1968Commonwealth v. Wilson, 430 Pa. 1 , 241 A. 2d 760 (1968). | 1 | 1968–1968 |
Commonwealth ex rel. Fink v. Rundle
green
2 sentences1967Fink v. Rundle, 423 Pa. 133 , 222 A. 2d 717 (1966). 3 When Neal appeared before the court on May 27, 1964, the following dialogue, relevant to his Douglas claim, transpired: “Defense Counsel: At this time, on behalf of the defendant, and with his assent, I withdraw that motion for a new trial, and we are here for sentence. 1967Fink v. Rundle, 423 Pa. 133 , 222 A. 2d 717 (1966). 3 When Neal appeared before the court on May 27, 1964, the following dialogue, relevant to his Douglas claim, transpired: “Defense Counsel: At this time, on behalf of the defendant, and with his assent, I withdraw that motion for a new trial, and we are here for sentence. | 1 | 1967–1967 |
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.