appellant raised claim (Pennsylvania) · Go Syfert
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appellant raised claim in Pennsylvania

14 Pennsylvania opinions name it 1 courts 1982–2021 3 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 (2)

CaseFollowedCited
Commonwealth v. Leverettegreen
pasuperct · 2006 · cited in 6 Pennsylvania opinions naming this issue, 2016–2021
2 sentences

2021Commonwealth v. Leverette, 911 A.2d 998, 1004 (Pa.Super. 2006).

2020Commonwealth v. Leverette, 911 A.2d 998, 1004 (Pa.Super. 2006).

66
Com. v. Starr, E.green
pasuperct · 2020 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See id. at 764 . -6- J-A11006-21 We concluded that the issue involved “a legal question of whether the trial court abused its discretion in fashioning an overbroad condition that runs afoul of constitutional rights” and did “not present a legality-of-sentence issue involving the trial court’s imposition of a sentence that exceeds its statutory authority.” Id. at 765 .

2021See id. at 764 . -6- J-A11006-21 We concluded that the issue involved “a legal question of whether the trial court abused its discretion in fashioning an overbroad condition that runs afoul of constitutional rights” and did “not present a legality-of-sentence issue involving the trial court’s imposition of a sentence that exceeds its statutory authority.” Id. at 765 .

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 (10)

CaseCitedYears
Commonwealth v. Egan green
pasuperct · 1996
2 sentences

1996Id. at 299 n. 4, 663 A.2d at 792 n. 4. *392 In Commonwealth v. Egan, 451 Pa.Super. 219 , 679 A.2d 237 (1996), however, we held that we could review a challenge to a sentence on the ground that the trial court failed to state the reasons for imposing the sentence on the record, regardless of whether the appellant raised this claim in the lower court.

1996Id. at 299 n. 4, 663 A.2d at 792 n. 4. *392 In Commonwealth v. Egan, 451 Pa.Super. 219 , 679 A.2d 237 (1996), however, we held that we could review a challenge to a sentence on the ground that the trial court failed to state the reasons for imposing the sentence on the record, regardless of whether the appellant raised this claim in the lower court.

31996–2015
Adams v. Schriro green
scotus · 2004
1 sentence

2021In Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 (2003), cert. denied, 540 U.S. 1115 , 124 S.Ct. 1053 , 157 L.Ed.2d 906 (2004), our Supreme Court determined that an ineffectiveness claim might be raised on - 21 - J-S20027-21 direct appeal if: (1) the appellant raised his claim(s) in a post-sentence motion; (2) an evidentiary hearing was held on the claim(s); and (3) a record devoted to the claim(s) has been developed.

12021–2021
Marian v. California green
scotus · 2004
1 sentence

2021In Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 (2003), cert. denied, 540 U.S. 1115 , 124 S.Ct. 1053 , 157 L.Ed.2d 906 (2004), our Supreme Court determined that an ineffectiveness claim might be raised on - 21 - J-S20027-21 direct appeal if: (1) the appellant raised his claim(s) in a post-sentence motion; (2) an evidentiary hearing was held on the claim(s); and (3) a record devoted to the claim(s) has been developed.

12021–2021
Harley v. McMaster green
scotus · 2004
1 sentence

2021In Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 (2003), cert. denied, 540 U.S. 1115 , 124 S.Ct. 1053 , 157 L.Ed.2d 906 (2004), our Supreme Court determined that an ineffectiveness claim might be raised on - 21 - J-S20027-21 direct appeal if: (1) the appellant raised his claim(s) in a post-sentence motion; (2) an evidentiary hearing was held on the claim(s); and (3) a record devoted to the claim(s) has been developed.

12021–2021
Commonwealth v. Bomar green
pa · 2003
2 sentences

2021In Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 (2003), cert. denied, 540 U.S. 1115 , 124 S.Ct. 1053 , 157 L.Ed.2d 906 (2004), our Supreme Court determined that an ineffectiveness claim might be raised on - 21 - J-S20027-21 direct appeal if: (1) the appellant raised his claim(s) in a post-sentence motion; (2) an evidentiary hearing was held on the claim(s); and (3) a record devoted to the claim(s) has been developed.

2021In Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 (2003), cert. denied, 540 U.S. 1115 , 124 S.Ct. 1053 , 157 L.Ed.2d 906 (2004), our Supreme Court determined that an ineffectiveness claim might be raised on - 21 - J-S20027-21 direct appeal if: (1) the appellant raised his claim(s) in a post-sentence motion; (2) an evidentiary hearing was held on the claim(s); and (3) a record devoted to the claim(s) has been developed.

12021–2021
Commonwealth v. Holmes green
pa · 2013
2 sentences

2021The Supreme Court limited its holding in Bomar in Commonwealth v. Holmes, 621 Pa. 595 , 79 A.3d 562 (2013).

2021The Supreme Court limited its holding in Bomar in Commonwealth v. Holmes, 621 Pa. 595 , 79 A.3d 562 (2013).

12021–2021
Commonwealth v. McKenna green
pa · 1978
2 sentences

2018See: Com[monwealth] v. McKenna, 476 Pa. 428 , 383 A.2d 174 (1978)[.] Bronson’s Order states that the Appellant raised the claim that: “THE COURT IMPOSED A SENTENCE[] GREATER THAN THE LAWFUL MAXIMUM”, the Appellant’s claim is that his liberty has been restrained unlawfully and unconstitutionally.

2018See: Com[monwealth] v. McKenna, 476 Pa. 428 , 383 A.2d 174 (1978)[.] Bronson’s Order states that the Appellant raised the claim that: “THE COURT IMPOSED A SENTENCE[] GREATER THAN THE LAWFUL MAXIMUM”, the Appellant’s claim is that his liberty has been restrained unlawfully and unconstitutionally.

12018–2018
Commonwealth v. Chazin green
pasuperct · 2005
1 sentence

2016Chazin, supra at 735 .

12016–2016
Com. v. DM green
pasuperct · 1995
1 sentence

1996Id. at 299 n. 4, 663 A.2d at 792 n. 4. *392 In Commonwealth v. Egan, 451 Pa.Super. 219 , 679 A.2d 237 (1996), however, we held that we could review a challenge to a sentence on the ground that the trial court failed to state the reasons for imposing the sentence on the record, regardless of whether the appellant raised this claim in the lower court.

11996–1996
Commonwealth v. Daniels green
pa · 1980
2 sentences

1982In Commonwealth v. Daniels, 491 Pa. 289 , 420 A.2d 1323 (1980) our Supreme Court was faced with a somewhat identical factual situation, the only real difference being appellant’s intervening PCHA petitions; in Daniels the appellant raised his claim immediately after counsel refused to seek review in the Supreme Court.

1982In Commonwealth v. Daniels, 491 Pa. 289 , 420 A.2d 1323 (1980) our Supreme Court was faced with a somewhat identical factual situation, the only real difference being appellant’s intervening PCHA petitions; in Daniels the appellant raised his claim immediately after counsel refused to seek review in the Supreme Court.

11982–1982

Where else courts name it

PA 14 (1982–2021) TX 3 (1972–2012) CA 2 (2014–2020)

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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