direct appeal claim (Pennsylvania) · Go Syfert
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direct appeal claim in Pennsylvania

14 Pennsylvania opinions name it 2 courts 1987–2025 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 (9)

CaseFollowedCited
Commonwealth v. Collinsgreen
pa · 2005 · cited in 2 Pennsylvania opinions naming this issue, 2010–2010
2 sentences

2010See Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564 (2005) (holding that ineffectiveness claims are distinct from non-ineffectiveness claims of error raised on direct appeal and may not be dismissed as previously litigated under the PCRA).

2010See Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564 (2005) (holding that ineffectiveness claims are distinct from non-ineffectiveness claims of error raised on direct appeal and may not be dismissed as previously litigated under the PCRA).

22
Commonwealth v. Jabbiegreen
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Further, a defendant’s direct appeal challenge to the voluntariness of his plea must be properly preserved in the trial court—either by objecting during ____________________________________________ 8 As we noted in Pombo, after the Shaw decision, the General Assembly replaced the terms relating to equivalency with “substantially similar.” See Pombo, 26 A.3d at 1159-60 , citing Shaw, 744 A.2d at 738 n.5. 9 See Jabbie, 200 A.3d at 505 (plea of nolo contendere is treated same as guilty plea). -5- J-A06015-24 the plea colloquy or by filing a motion to withdraw the plea within ten days of sentencin

11
Commonwealth v. Lincolngreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Commonwealth v. Lincoln, 72 A.3d 606, 609-10 (Pa. Super. 2013), citing Pa.R.Crim.P. 720(A)(1), (B)(1)(a)(i).

11
Commonwealth v. Braddockgreen
pa · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Pou, 201 A.3d at 746 (discussing the more stringent standards applicable to PCRA claims alleging a defective waiver of counsel colloquy than a direct appeal claim).

11
Commonwealth v. Blakeneygreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020See Blakeney, 108 A.3d at 750 .

11
Commonwealth v. Allengreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015In Commonwealth v. Allen, 557 Pa. 135, 144 , 732 A.2d 582,587 (1999), the court held that "[a]llegations of ineffectiveness in connection with the entry of a guilty plea will serve as a basis for relief only if the ineffectiveness caused appellant to enter an involuntary - or unknowing plea." When examining whether a guilty plea has been entered voluntarily, knowingly, and intelligently, this court may consider the totality of the circumstances surrounding the plea.

2015In Commonwealth v. Allen, 557 Pa. 135, 144 , 732 A.2d 582,587 (1999), the court held that "[a]llegations of ineffectiveness in connection with the entry of a guilty plea will serve as a basis for relief only if the ineffectiveness caused appellant to enter an involuntary - or unknowing plea." When examining whether a guilty plea has been entered voluntarily, knowingly, and intelligently, this court may consider the totality of the circumstances surrounding the plea.

11
Moring v. Dunnegreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015In Commonwealth v. Braykovich, 664 A.2d 133 (Pa. Super. 1995), the court held that "the allowance of an appeal nunc pro tunc will be pennitted only in extraordinary circumstances, namely fraud or some breakdown in the processes of the court." Id. at 136 (quoting Moring v. Dunne, 493 A.2d 89, 91 (Pa. Super. 1985)) (emphasis omitted).

11
Commonwealth v. Shieldsgreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004See id. at 107-08, 109, 111 , 383 A.2d at 845, 846, 847 .

2004See id. at 107-08, 109, 111, 383 A.2d at 845, 846, 847 .

11
Commonwealth v. Eaddygreen
pasuperct · 1992 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
1 sentence

1995See Commonwealth v. Eaddy, supra, 419 Pa.Super. 98 , 614 A.2d 1203 in which we held that the PCRA must be construed so as to give effect to all provisions in a consistent manner.

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 (11)

CaseCitedYears
Benson v. Benson green
pa · 1986
1 sentence

2025Benson v. Benson, 515 A.2d 917 (Pa.Super. 1986).

12025–2025
Commonwealth v. Shaw green
pa · 2000
1 sentence

2024Further, a defendant’s direct appeal challenge to the voluntariness of his plea must be properly preserved in the trial court—either by objecting during ____________________________________________ 8 As we noted in Pombo, after the Shaw decision, the General Assembly replaced the terms relating to equivalency with “substantially similar.” See Pombo, 26 A.3d at 1159-60 , citing Shaw, 744 A.2d at 738 n.5. 9 See Jabbie, 200 A.3d at 505 (plea of nolo contendere is treated same as guilty plea). -5- J-A06015-24 the plea colloquy or by filing a motion to withdraw the plea within ten days of sentencin

12024–2024
Commonwealth v. Pombo green
pasuperct · 2011
1 sentence

2024Further, a defendant’s direct appeal challenge to the voluntariness of his plea must be properly preserved in the trial court—either by objecting during ____________________________________________ 8 As we noted in Pombo, after the Shaw decision, the General Assembly replaced the terms relating to equivalency with “substantially similar.” See Pombo, 26 A.3d at 1159-60 , citing Shaw, 744 A.2d at 738 n.5. 9 See Jabbie, 200 A.3d at 505 (plea of nolo contendere is treated same as guilty plea). -5- J-A06015-24 the plea colloquy or by filing a motion to withdraw the plea within ten days of sentencin

12024–2024
Commonwealth v. Price green
pasuperct · 2005
1 sentence

2020See 42 Pa.C.S. § 9544(b); Price, 876 A.2d at 995 .

12020–2020
Commonwealth v. Grazier green
pa · 1998
1 sentence

2019On July 2, 2019, after reviewing the certified record and finding no order either permitting counsel to withdraw or authorizing Eddings to proceed pro se, this Court remanded the record to the trial court to conduct a Grazier6 ____________________________________________ 4 A copy of this order was also mailed to Attorney Natale. 5 This statement by the court was incorrect, as one of the claims Eddings raised was, in fact, a direct appeal claim. 6 Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998). -4- J-S64018-19 hearing to determine if Eddings desired to proceed pro se.

12019–2019
Commonwealth v. West green
pa · 2007
1 sentence

2018(Pa. 2007), which held that where a remedy for a petitioner's claims is not available under the PCRA those claims may proceed as a habeaJ corpus petition, In the petitioner was found guilty of controlled substances charges, sentenced to a tenn of years, and filed a direct appeal to challenge his conviction. 938 A.2d at 1036-37 .

12018–2018
Strickland v. Washington green
scotus · 1984
1 sentence

2016Furthermore, we note that Appellant has failed to distinguish between his claim that counsel was ineffective for failing to file a direct appeal and his claim that counsel was ineffective for failing to file a motion for ____________________________________________ 5 Strickland v. Washington, 466 U.S. 668 (1984). -9- J-S51039-16 reconsideration.

12016–2016
Commonwealth v. Braykovich green
pasuperct · 1995
2 sentences

2015In Commonwealth v. Braykovich, 664 A.2d 133 (Pa. Super. 1995), the court held that "the allowance of an appeal nunc pro tunc will be pennitted only in extraordinary circumstances, namely fraud or some breakdown in the processes of the court." Id. at 136 (quoting Moring v. Dunne, 493 A.2d 89, 91 (Pa. Super. 1985)) (emphasis omitted).

2015In Commonwealth v. Braykovich, 664 A.2d 133 (Pa. Super. 1995), the court held that "the allowance of an appeal nunc pro tunc will be pennitted only in extraordinary circumstances, namely fraud or some breakdown in the processes of the court." Id. at 136 (quoting Moring v. Dunne, 493 A.2d 89, 91 (Pa. Super. 1985)) (emphasis omitted).

12015–2015
Commonwealth v. Hall green
pa · 2001
2 sentences

2002Hall, 771 A.2d at 1235-36 .

2002Hall, 771 A.2d at 1235-36 .

12002–2002
Batson v. Kentucky green
scotus · 1986
2 sentences

1987Since Appellant has preserved his objection to the Commonwealth’s use of peremptory challenges we will analyze Appellant’s claim in this direct appeal under the test announced in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986).

1987Since Appellant has preserved his objection to the Commonwealth’s use of peremptory challenges we will analyze Appellant’s claim in this direct appeal under the test announced in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986).

11987–1987
Commonwealth v. McCormick green
pa · 1986
2 sentences

1987Commonwealth v. McCormick, 359 Pa.Super. 461 , 519 A.2d 442 (1986).

1987Commonwealth v. McCormick, 359 Pa.Super. 461 , 519 A.2d 442 (1986).

11987–1987

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (7) PA § 42 Pa. Cons. Stat. § 9545 (4) PA § 42 Pa. Cons. Stat. § 9542 (3) PA § 42 Pa. Cons. Stat. § 9544 (3) PA § 42 Pa. Cons. Stat. § 9711 (3)

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.

Where else courts name it

OH 23 (2000–2025) TX 18 (1983–2025) PA 14 (1987–2025) WA 8 (1985–2023) FL 7 (1967–2018) UT 4 (2011–2026) CT 4 (1993–2017) IN 4 (2004–2020) IL 4 (2008–2022) CA 3 (2022–2024) NV 2 (1999–2011) AZ 2 (1992–2010) TN 2 (2004–2011) GA 2 (2005–2019) AR 2 (2008–2014)

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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