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14 Pennsylvania opinions name it 1 courts 1936–2024 5 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 |
|---|---|---|
Missouri v. Fryegreen2 sentences2024During plea negotiations defendants are entitled to the effective assistance of competent counsel.” Lafler[, supra]; Commonwealth v. Marinez, 777 A.2d 1121, 1124 (Pa. Super. 2001). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Missouri v. Frye, 566 U.S. 134, 132 (2012). 2023During plea negotiations defendants are entitled to the effective assistance of competent counsel.” Lafler v. Cooper, 566 U.S. 156, 132 (2012); Commonwealth v. Marinez, 777 A.2d 1121, 1124 (Pa. Super. 2001). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Missouri v. Frye, 566 U.S. 134, 132 (2012). | 3 | 3 |
Lafler v. Coopergreen2 sentences2023During plea negotiations defendants are entitled to the effective assistance of competent counsel.” Lafler v. Cooper, 566 U.S. 156, 132 (2012); Commonwealth v. Marinez, 777 A.2d 1121, 1124 (Pa. Super. 2001). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Missouri v. Frye, 566 U.S. 134, 132 (2012). 2021“During plea negotiations defendants are entitled to the effective assistance of competent counsel.” Id. (citation and quotation omitted). | 2 | 3 |
Commonwealth v. Nappergreen2 sentences2024Moreover, counsel “has a duty to communicate to his client, not only the details of a plea bargain offer, but also -4- J-S13007-24 the relative merits of the offer compared to the defendant's chances at trial,” Commonwealth v. Napper, 385 A.2d 521, 524 (Pa. Super. 1978), and “the advantages and disadvantages of accepting or rejecting it.” Commonwealth v. Boyd, 688 A.2d 1172, 1174 (Pa. 1997). 2023Moreover, counsel “has a duty to communicate to his client, not only the details of a plea bargain offer, but also the relative merits of the offer compared to the defendant’s chances at trial,” Commonwealth v. Napper, 385 A.2d 521, 524 (Pa. Super. 1978), and “the advantages and disadvantages of accepting or rejecting it.” Commonwealth v. Boyd, 688 A.2d 1172 , 1174 - 10 - J-S10032-23 (Pa. 1997). | 2 | 2 |
Commonwealth v. Marinezgreen2 sentences2024During plea negotiations defendants are entitled to the effective assistance of competent counsel.” Lafler[, supra]; Commonwealth v. Marinez, 777 A.2d 1121, 1124 (Pa. Super. 2001). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Missouri v. Frye, 566 U.S. 134, 132 (2012). 2023During plea negotiations defendants are entitled to the effective assistance of competent counsel.” Lafler v. Cooper, 566 U.S. 156, 132 (2012); Commonwealth v. Marinez, 777 A.2d 1121, 1124 (Pa. Super. 2001). “[A]s a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Missouri v. Frye, 566 U.S. 134, 132 (2012). | 2 | 2 |
Commonwealth v. Boydgreen2 sentences2024Moreover, counsel “has a duty to communicate to his client, not only the details of a plea bargain offer, but also -4- J-S13007-24 the relative merits of the offer compared to the defendant's chances at trial,” Commonwealth v. Napper, 385 A.2d 521, 524 (Pa. Super. 1978), and “the advantages and disadvantages of accepting or rejecting it.” Commonwealth v. Boyd, 688 A.2d 1172, 1174 (Pa. 1997). 2023Moreover, counsel “has a duty to communicate to his client, not only the details of a plea bargain offer, but also the relative merits of the offer compared to the defendant’s chances at trial,” Commonwealth v. Napper, 385 A.2d 521, 524 (Pa. Super. 1978), and “the advantages and disadvantages of accepting or rejecting it.” Commonwealth v. Boyd, 688 A.2d 1172 , 1174 - 10 - J-S10032-23 (Pa. 1997). | 1 | 2 |
Commonwealth v. Gordongreen1 sentence2021It is well established that “[t]his Court cannot review a case upon a theory different from that relied upon in the trial court, or raised for the first time on appeal.” Commonwealth v. Gordon, 528 A.2d 631, 638 (Pa. Super. 1987). | 1 | 1 |
Commonwealth v. Flickgreen1 sentence2018“A defendant must demonstrate that manifest injustice would result if the court were to deny his post-sentence motion to withdraw a guilty plea.” Commonwealth v. Broden, 980 A.2d 124 , 129 citing Commonwealth v. Flick, 802 A.2d 620, 623 [(Pa. Super. 2002).] [Bowser] offered no evidence or testimony of manifest injustice and relied on his unverified motion, which the Court believed to be insufficient. | 1 | 1 |
Commonwealth v. Chazingreen1 sentence2016In order to show that trial counsel was ineffective for failing to advise him of a plea offer, Appellant must establish that “(1) an offer for a plea was made; (2) trial counsel failed to inform him of such offer; (3) trial counsel had no reasonable basis for failing to inform him of the plea offer; and (4) -4- J-S46041-16 he was prejudiced thereby.” Commonwealth v. Chazin, 873 A.2d 732, 735 (Pa. Super. 2005) (citation omitted). | 1 | 1 |
Ferko-Fox v. Foxgreen1 sentence2016(Appellant’s Brief, at 9-10) (unnecessary capitalization omitted).3 “We review the propriety of a PFA order for an abuse of discretion or an error of law.” Ferko-Fox v. Fox, 68 A.3d 917, 920 (Pa. Super. 2013) (citation omitted). | 1 | 1 |
Massiah v. United Statesgreen1 sentence2015During plea negotiations, anything less than effective counsel "might deny a defendant 'effective representation by counsel at the only stage when legal aid and advice would help him.?' Id. at 1409 (quoting Massiah v. United States, 377 U.S. 201, 204 (1964)) (intemal quotations omitted). | 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. Dehart
green
2 sentences2000Id. 2000Id. | 2 | 2000–2000 |
Sutch, R. v. Roxborough Memorial
green
1 sentence2022Id. at 47 . | 1 | 2022–2022 |
Commonwealth v. Broaden
green
1 sentence2018“A defendant must demonstrate that manifest injustice would result if the court were to deny his post-sentence motion to withdraw a guilty plea.” Commonwealth v. Broden, 980 A.2d 124 , 129 citing Commonwealth v. Flick, 802 A.2d 620, 623 [(Pa. Super. 2002).] [Bowser] offered no evidence or testimony of manifest injustice and relied on his unverified motion, which the Court believed to be insufficient. | 1 | 2018–2018 |
In Re in the Interest of Paul S.
green
2 sentences2017Further, "a witness, whether lay or expert, will be permitted to testify concerning the ultimate issue to be decided by the trier of fact, provided that admission of the opinion testimony would not cause confusion or prejudice." In Interest of Paul S., 380 Pa. Super. 476 , 552 A.2d 288, 291 (1988) (superseded by statute on other grounds as 4 Appendix B . " / ' . stated in In re: D.P., 2009 PA Super. 86, 972 A.2d 1221 )'; See Pa.R.E. 701. · Pennsylvania law allows the admission in these proceedings of a lay witness' testimony on a party's parental capability, when that testimony is based on per 2017Further, "a witness, whether lay or expert, will be permitted to testify concerning the ultimate issue to be decided by the trier of fact, provided that admission of the opinion testimony would not cause confusion or prejudice." In Interest of Paul S., 380 Pa. Super. 476 , 552 A.2d 288, 291 (1988) (superseded by statute on other grounds as 4 Appendix B . " / ' . stated in In re: D.P., 2009 PA Super. 86, 972 A.2d 1221 )'; See Pa.R.E. 701. · Pennsylvania law allows the admission in these proceedings of a lay witness' testimony on a party's parental capability, when that testimony is based on per | 1 | 2017–2017 |
Commonwealth v. Young
green
1 sentence2017During defense counsel's direct -examination of Alford, he testified that the initial interaction between Smith and Appellant involved only "arguing at first." Id. ' Appellant does not provide any details about the UCB hearing, including what parties were involved in that proceeding. -3 J -S13010-17 at 42. | 1 | 2017–2017 |
In the Interest of D.P.
green
1 sentence2017Further, "a witness, whether lay or expert, will be permitted to testify concerning the ultimate issue to be decided by the trier of fact, provided that admission of the opinion testimony would not cause confusion or prejudice." In Interest of Paul S., 380 Pa. Super. 476 , 552 A.2d 288, 291 (1988) (superseded by statute on other grounds as 4 Appendix B . " / ' . stated in In re: D.P., 2009 PA Super. 86, 972 A.2d 1221 )'; See Pa.R.E. 701. · Pennsylvania law allows the admission in these proceedings of a lay witness' testimony on a party's parental capability, when that testimony is based on per | 1 | 2017–2017 |
McMann v. Richardson
green
1 sentence2015During plea negotiations, anything less than effective counsel "might deny a defendant 'effective representation by counsel at the only stage when legal aid and advice would help him.?' Id. at 1409 (quoting Massiah v. United States, 377 U.S. 201, 204 (1964)) (intemal quotations omitted). | 1 | 2015–2015 |
Haverford Township School District v. Herzog
green
2 sentences1936He did not do so, but took his chances that the case would not be reached.” This fully justifies the action of the lower court and we find no merit in this assignment of error. *122 The interpretation of rules of court is for the court which enunciates them, and, in the absence of an abuse of power, its conclusion in that respect is final: Haverford Township School District v. Herzog, 314 Pa. 161 , 171 A. 455 . 1936He did not do so, but took his chances that the case would not be reached.” This fully justifies the action of the lower court and we find no merit in this assignment of error. *122 The interpretation of rules of court is for the court which enunciates them, and, in the absence of an abuse of power, its conclusion in that respect is final: Haverford Township School District v. Herzog, 314 Pa. 161 , 171 A. 455 . | 1 | 1936–1936 |
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.