slightly higher standard (Pennsylvania) · Go Syfert
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slightly higher standard in Pennsylvania

15 Pennsylvania opinions name it 3 courts 2009–2025 10 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 (9)

CaseFollowedCited
Com. v. Hipps, D.green
pasuperct · 2022 · cited in 6 Pennsylvania opinions naming this issue, 2023–2025
2 sentences

2025See Commonwealth v. Hipps, 274 A.3d 1263 , 1271 n.3 (Pa. Super. 2022) (“frivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous”) (citations and quotation marks omitted); Commonwealth v. Smith, 700 A.2d 1301 , 1305 n.10 (Pa. Super. 1997) (appeal frivolous where it lacks any basis in law or fact).

2023See Commonwealth v. Hipps, 274 A.3d 1263 , 1271 n.3 (Pa. Super. 2022) (“Frivolousness and meritlessness are distinct concepts. [F]rivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous.”) (citations & quotation marks omitted); Commonwealth v. Smith, 700 A.2d 1301 , 1305 n.10 (Pa. Super. 1997) (“[A]n appeal is frivolous where it lacks any basis in law or fact.”) (citation & quotation marks omitted).

66
Commonwealth v. Smithgreen
pasuperct · 1997 · cited in 4 Pennsylvania opinions naming this issue, 2023–2025
2 sentences

2025See Commonwealth v. Hipps, 274 A.3d 1263 , 1271 n.3 (Pa. Super. 2022) (“frivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous”) (citations and quotation marks omitted); Commonwealth v. Smith, 700 A.2d 1301 , 1305 n.10 (Pa. Super. 1997) (appeal frivolous where it lacks any basis in law or fact).

2023See Commonwealth v. Hipps, 274 A.3d 1263 , 1271 n.3 (Pa. Super. 2022) (“Frivolousness and meritlessness are distinct concepts. [F]rivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous.”) (citations & quotation marks omitted); Commonwealth v. Smith, 700 A.2d 1301 , 1305 n.10 (Pa. Super. 1997) (“[A]n appeal is frivolous where it lacks any basis in law or fact.”) (citation & quotation marks omitted).

34
Smith v. Board of Probation & Parolegreen
pa · 1990 · cited in 3 Pennsylvania opinions naming this issue, 2009–2024
2 sentences

2024Id.; Adams v. Pa. Bd. of Prob. & Parole, 885 A.2d 1121 (Pa. Cmwlth. 2005).6 6 “It is worth noting that frivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous.” Zerby v. Shanon, 964 A.2d 956, 960 (Pa. Cmwlth. 2009) (citing Smith v. Commonwealth, . . . 574 A.2d 558, 562 ([Pa.] 1990)). “[C]ounsel is not permitted to withdraw” pursuant to Anders v. California, 386 U.S. 738 (1967), “unless the appeal is wholly frivolous, but . . . counsel is permitted to do so [under Turner] if the case lacks merit, even if it is not so anemic as to be deemed

2022As our Commonwealth Court has explained, “frivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous.” Zerby v. Shanon, 964 A.2d 956, 960 (Pa. Cmwlth. 2009) (citing Smith v. Commonwealth, 574 A.2d 558, 562 (Pa. 1990)). - 14 - Gamboa-Taylor’s rule that general ineffectiveness claims cannot satisfy a timeliness exception, the PCRA court lacked jurisdiction to grant Hipps relief.4 Order reversed.

33
Zerby v. Shanongreen
pacommwct · 2009 · cited in 7 Pennsylvania opinions naming this issue, 2019–2024
2 sentences

2024Id.; Adams v. Pa. Bd. of Prob. & Parole, 885 A.2d 1121 (Pa. Cmwlth. 2005).6 6 “It is worth noting that frivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous.” Zerby v. Shanon, 964 A.2d 956, 960 (Pa. Cmwlth. 2009) (citing Smith v. Commonwealth, . . . 574 A.2d 558, 562 ([Pa.] 1990)). “[C]ounsel is not permitted to withdraw” pursuant to Anders v. California, 386 U.S. 738 (1967), “unless the appeal is wholly frivolous, but . . . counsel is permitted to do so [under Turner] if the case lacks merit, even if it is not so anemic as to be deemed

2024Id.; Adams v. Pa. Bd. of Prob. & Parole, 885 A.2d 1121 (Pa. Cmwlth. 2005).6 6 “It is worth noting that frivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous.” Zerby v. Shanon, 964 A.2d 956, 960 (Pa. Cmwlth. 2009) (citing Smith v. Commonwealth, . . . 574 A.2d 558, 562 ([Pa.] 1990)). “[C]ounsel is not permitted to withdraw” pursuant to Anders v. California, 386 U.S. 738 (1967), “unless the appeal is wholly frivolous, but . . . counsel is permitted to do so [under Turner] if the case lacks merit, even if it is not so anemic as to be deemed

27
Commonwealth v. Wrecksgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Id.; Adams v. Pa. Bd. of Prob. & Parole, 885 A.2d 1121 (Pa. Cmwlth. 2005).6 6 “It is worth noting that frivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous.” Zerby v. Shanon, 964 A.2d 956, 960 (Pa. Cmwlth. 2009) (citing Smith v. Commonwealth, . . . 574 A.2d 558, 562 ([Pa.] 1990)). “[C]ounsel is not permitted to withdraw” pursuant to Anders v. California, 386 U.S. 738 (1967), “unless the appeal is wholly frivolous, but . . . counsel is permitted to do so [under Turner] if the case lacks merit, even if it is not so anemic as to be deemed

11
Potanko v. Sears, Roebuck & Co.green
pa · 1951 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Thus, in the oft- cited decision of March v. Philadelphia & West Chester Traction Co., 132 A. 355, 356 (Pa. 1926), we articulated a slightly higher standard, in reaffirming the “immemorable right to grant a new trial, whenever, in [the court’s] opinion, the justice of the particular case so requires.” A quarter century later, in Potanko v. Sears, Roebuck & Co., 84 A.2d 522, 525 (Pa. 1951), we reaffirmed that a trial court may “grant a new trial ‘sua sponte’ whenever in its opinion the justice of the particular case so requires.” At the same time, our Court also utilized the term “miscarriage o

11
March v. Philadelphia & West Chester Traction Co.green
pa · 1926 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Thus, in the oft- cited decision of March v. Philadelphia & West Chester Traction Co., 132 A. 355, 356 (Pa. 1926), we articulated a slightly higher standard, in reaffirming the “immemorable right to grant a new trial, whenever, in [the court’s] opinion, the justice of the particular case so requires.” A quarter century later, in Potanko v. Sears, Roebuck & Co., 84 A.2d 522, 525 (Pa. 1951), we reaffirmed that a trial court may “grant a new trial ‘sua sponte’ whenever in its opinion the justice of the particular case so requires.” At the same time, our Court also utilized the term “miscarriage o

11
Clewell v. Pummergreen
pa · 1957 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Thus, in the oft- cited decision of March v. Philadelphia & West Chester Traction Co., 132 A. 355, 356 (Pa. 1926), we articulated a slightly higher standard, in reaffirming the “immemorable right to grant a new trial, whenever, in [the court’s] opinion, the justice of the particular case so requires.” A quarter century later, in Potanko v. Sears, Roebuck & Co., 84 A.2d 522, 525 (Pa. 1951), we reaffirmed that a trial court may “grant a new trial ‘sua sponte’ whenever in its opinion the justice of the particular case so requires.” At the same time, our Court also utilized the term “miscarriage o

11
J. A. v. Department of Public Welfaregreen
pacommwct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Welfare, 873 A.2d 782, 785 (Pa. Cmwlth. 2005) (internal quotation and citation omitted). 5 The “wholly frivolous” standard, which is applied where the right to counsel is constitutional, is a slightly higher standard than the “without merit” standard applied in situations where, as here, the right to counsel is statutorily based.

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 (2)

CaseCitedYears
Anders v. California green
scotus · 1967
1 sentence

2024Id.; Adams v. Pa. Bd. of Prob. & Parole, 885 A.2d 1121 (Pa. Cmwlth. 2005).6 6 “It is worth noting that frivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous.” Zerby v. Shanon, 964 A.2d 956, 960 (Pa. Cmwlth. 2009) (citing Smith v. Commonwealth, . . . 574 A.2d 558, 562 ([Pa.] 1990)). “[C]ounsel is not permitted to withdraw” pursuant to Anders v. California, 386 U.S. 738 (1967), “unless the appeal is wholly frivolous, but . . . counsel is permitted to do so [under Turner] if the case lacks merit, even if it is not so anemic as to be deemed

12024–2024
Adams v. Pennsylvania Board of Probation & Parole green
pacommwct · 2005
1 sentence

2024Id.; Adams v. Pa. Bd. of Prob. & Parole, 885 A.2d 1121 (Pa. Cmwlth. 2005).6 6 “It is worth noting that frivolousness is a slightly higher standard than lack of merit; an argument may be meritless, but not frivolous.” Zerby v. Shanon, 964 A.2d 956, 960 (Pa. Cmwlth. 2009) (citing Smith v. Commonwealth, . . . 574 A.2d 558, 562 ([Pa.] 1990)). “[C]ounsel is not permitted to withdraw” pursuant to Anders v. California, 386 U.S. 738 (1967), “unless the appeal is wholly frivolous, but . . . counsel is permitted to do so [under Turner] if the case lacks merit, even if it is not so anemic as to be deemed

12024–2024

Where else courts name it

PA 15 (2009–2025) WA 2 (2006–2006)

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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