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14 Pennsylvania opinions name it 2 courts 1977–2019 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. Puksargreen2 sentences2019Commonwealth v. Puksar, 951 A.2d 267, 274 (Pa. 2008) (citations omitted). 2019Commonwealth v. Puksar, 951 A.2d 267, 274 (Pa. 2008) (citations omitted). | 3 | 3 |
Commonwealth v. Hubbardred2 sentences1977In Commonwealth v. Rice, 456 Pa. 90, 93 , 318 A.2d 705, 707 (1974), our Court held that “[cjounsel cannot be faulted for failing to assert a non-existent right.” Since the basis for Humphrey’s instant claim of ineffective assistance of trial counsel is the latter’s failure to raise at trial the legal principle announced in Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765 (1972), a case not decided until several months after trial, it would ordinarily follow that this Court should find that the foregone claim lacked “arguable merit” at the time of trial, Commonwealth v. Hubbard, 472 Pa. 259 1977In Commonwealth v. Rice, 456 Pa. 90, 93 , 318 A.2d 705, 707 (1974), our Court held that “[cjounsel cannot be faulted for failing to assert a non-existent right.” Since the basis for Humphrey’s instant claim of ineffective assistance of trial counsel is the latter’s failure to raise at trial the legal principle announced in Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765 (1972), a case not decided until several months after trial, it would ordinarily follow that this Court should find that the foregone claim lacked “arguable merit” at the time of trial, Commonwealth v. Hubbard, 472 Pa. 259 | 1 | 4 |
Commonwealth v. Raineygreen2 sentences2012See Commonwealth v. Hutchinson, 611 Pa. 280, 340-42 , 25 A.3d 277, 312 (2011); Commonwealth v. Rainey, 593 Pa. 67, 103 , 928 A.2d 215, 237 (2007); Commonwealth v. Laird, 555 Pa. 629, 645 , 726 A.2d 346, 353 (1999). 16 As applied here, Appellant admitted at trial that she assisted Martin in binding Goodman and carrying him to the basement, where he died of asphyxiation due to the coverings that had been secured over his head. 2012See Commonwealth v. Hutchinson, 611 Pa. 280, 340-42 , 25 A.3d 277, 312 (2011); Commonwealth v. Rainey, 593 Pa. 67, 103 , 928 A.2d 215, 237 (2007); Commonwealth v. Laird, 555 Pa. 629, 645 , 726 A.2d 346, 353 (1999). 16 As applied here, Appellant admitted at trial that she assisted Martin in binding Goodman and carrying him to the basement, where he died of asphyxiation due to the coverings that had been secured over his head. | 1 | 1 |
Commonwealth v. Lairdgreen2 sentences2012See Commonwealth v. Hutchinson, 611 Pa. 280, 340-42 , 25 A.3d 277, 312 (2011); Commonwealth v. Rainey, 593 Pa. 67, 103 , 928 A.2d 215, 237 (2007); Commonwealth v. Laird, 555 Pa. 629, 645 , 726 A.2d 346, 353 (1999). 16 As applied here, Appellant admitted at trial that she assisted Martin in binding Goodman and carrying him to the basement, where he died of asphyxiation due to the coverings that had been secured over his head. 2012See Commonwealth v. Hutchinson, 611 Pa. 280, 340-42 , 25 A.3d 277, 312 (2011); Commonwealth v. Rainey, 593 Pa. 67, 103 , 928 A.2d 215, 237 (2007); Commonwealth v. Laird, 555 Pa. 629, 645 , 726 A.2d 346, 353 (1999). 16 As applied here, Appellant admitted at trial that she assisted Martin in binding Goodman and carrying him to the basement, where he died of asphyxiation due to the coverings that had been secured over his head. | 1 | 1 |
Commonwealth v. Hutchinsongreen2 sentences2012See Commonwealth v. Hutchinson, 611 Pa. 280, 340-42 , 25 A.3d 277, 312 (2011); Commonwealth v. Rainey, 593 Pa. 67, 103 , 928 A.2d 215, 237 (2007); Commonwealth v. Laird, 555 Pa. 629, 645 , 726 A.2d 346, 353 (1999). 16 As applied here, Appellant admitted at trial that she assisted Martin in binding Goodman and carrying him to the basement, where he died of asphyxiation due to the coverings that had been secured over his head. 2012See Commonwealth v. Hutchinson, 611 Pa. 280, 340-42 , 25 A.3d 277, 312 (2011); Commonwealth v. Rainey, 593 Pa. 67, 103 , 928 A.2d 215, 237 (2007); Commonwealth v. Laird, 555 Pa. 629, 645 , 726 A.2d 346, 353 (1999). 16 As applied here, Appellant admitted at trial that she assisted Martin in binding Goodman and carrying him to the basement, where he died of asphyxiation due to the coverings that had been secured over his head. | 1 | 1 |
Commonwealth v. Carsongreen2 sentences2008Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 234 (2006) (“This Court recognized in Collins that while an ineffectiveness claim may fail for the same reasons that the underlying claim faltered on direct review, the Sixth Amendment basis for ineffectiveness claims technically creates a separate issue for review under the PCRA.”). 2008Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 234 (2006) (“This Court recognized in Collins that while an ineffectiveness claim may fail for the same reasons that the underlying claim faltered on direct review, the Sixth Amendment basis for ineffectiveness claims technically creates a separate issue for review under the PCRA.”). | 1 | 1 |
David A. Gray v. James Greergreen1 sentence2001See Gray v. Greer, 800 F.2d 644, 646 (7th Cir.1986) (“Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome”), quoted with approval in Robbins, supra. Mr. Justice Zappala’s Concurring Opinion disputes whether a petitioner needs to show that the foregone claim is stronger than the ones pursued on appeal in order to demonstrate appellate counsel ineffectiveness. | 1 | 1 |
Commonwealth v. Ricegreen2 sentences1977In Commonwealth v. Rice, 456 Pa. 90, 93 , 318 A.2d 705, 707 (1974), our Court held that “[cjounsel cannot be faulted for failing to assert a non-existent right.” Since the basis for Humphrey’s instant claim of ineffective assistance of trial counsel is the latter’s failure to raise at trial the legal principle announced in Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765 (1972), a case not decided until several months after trial, it would ordinarily follow that this Court should find that the foregone claim lacked “arguable merit” at the time of trial, Commonwealth v. Hubbard, 472 Pa. 259 1977In Commonwealth v. Rice, 456 Pa. 90, 93 , 318 A.2d 705, 707 (1974), our Court held that “[cjounsel cannot be faulted for failing to assert a non-existent right.” Since the basis for Humphrey’s instant claim of ineffective assistance of trial counsel is the latter’s failure to raise at trial the legal principle announced in Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765 (1972), a case not decided until several months after trial, it would ordinarily follow that this Court should find that the foregone claim lacked “arguable merit” at the time of trial, Commonwealth v. Hubbard, 472 Pa. 259 | 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. Briggs
green
1 sentence2018Commonwealth v. Puksar, 951 A.2d 267, 274 (Pa. 2008). 2 Moreover, we note that “[i]t is well established that the Commonwealth is not required, as a matter of law, to prove the accused’s motive even where the offense charged is murder in the first degree.” Commonwealth v. Briggs, 12 A.3d 291 , 340 n.44 (Pa. 2011). -9- J-S26028-18 suffered any prejudice as a result of appellate counsel’s performance, and no relief is due. | 1 | 2018–2018 |
Commonwealth v. Pierce
green
1 sentence2016To succeed on a claim of counsel ineffectiveness, of course, the defendant must rebut the presumption of competence and demonstrate both ends of the performance and actual prejudice test outlined in Strickland v. Washington, 466 -3- J-S45013- 16 U.S. 668 (1984) and Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987). | 1 | 2016–2016 |
Commonwealth v. Collins
green
2 sentences2008As this Court explained in Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564 (2005), collateral claims of trial counsel ineffectiveness deriving from an underlying claim of error that was litigated on direct appeal cannot automatically be dismissed as “previously litigated.” Rather, Sixth Amendment claims challenging counsel’s conduct at trial are analytically distinct from *252 the foregone claim of trial court error from which they often derive, and must be analyzed as such. 2008As this Court explained in Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564 (2005), collateral claims of trial counsel ineffectiveness deriving from an underlying claim of error that was litigated on direct appeal cannot automatically be dismissed as “previously litigated.” Rather, Sixth Amendment claims challenging counsel’s conduct at trial are analytically distinct from *252 the foregone claim of trial court error from which they often derive, and must be analyzed as such. | 1 | 2008–2008 |
Mills v. Maryland
green
2 sentences2004In this regard, it is notable that, for purposes of federal habeas corpus review of state convictions, the U.S. Supreme Court has held that the fact that this Court employed relaxed waiver to reach a claim arising under Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988), which was not preserved when the case was tried pre-Mills, did not absolve the Third Circuit from having to determine whether Mills should properly be deemed retroactively applicable. 2004In this regard, it is notable that, for purposes of federal habeas corpus review of state convictions, the U.S. Supreme Court has held that the fact that this Court employed relaxed waiver to reach a claim arising under Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988), which was not preserved when the case was tried pre-Mills, did not absolve the Third Circuit from having to determine whether Mills should properly be deemed retroactively applicable. | 1 | 2004–2004 |
Commonwealth v. Townsell
green
2 sentences2001Justice Zappala argues that the jurisprudence of this Court is otherwise, citing Commonwealth v. Townsell, 474 Pa. 563 , 379 A.2d 98 (1977) and Commonwealth v. Yocham, 483 Pa. 478 , 397 A.2d 766 (1979). 2001Justice Zappala argues that the jurisprudence of this Court is otherwise, citing Commonwealth v. Townsell, 474 Pa. 563 , 379 A.2d 98 (1977) and Commonwealth v. Yocham, 483 Pa. 478 , 397 A.2d 766 (1979). | 1 | 2001–2001 |
Commonwealth v. Yocham
green
2 sentences2001Justice Zappala argues that the jurisprudence of this Court is otherwise, citing Commonwealth v. Townsell, 474 Pa. 563 , 379 A.2d 98 (1977) and Commonwealth v. Yocham, 483 Pa. 478 , 397 A.2d 766 (1979). 2001Justice Zappala argues that the jurisprudence of this Court is otherwise, citing Commonwealth v. Townsell, 474 Pa. 563 , 379 A.2d 98 (1977) and Commonwealth v. Yocham, 483 Pa. 478 , 397 A.2d 766 (1979). | 1 | 2001–2001 |
Commonwealth v. Norris
green
2 sentences1983Id.; Commonwealth v. Norris, 305 Pa.Super. 206 , 451 A.2d 494 (1982). 1983Id.; Commonwealth v. Norris, 305 Pa.Super. 206 , 451 A.2d 494 (1982). | 1 | 1983–1983 |
Commonwealth v. Webster
green
2 sentences1982Commonwealth v. Webster, 490 Pa. 322 , 416 A.2d 491 (1980). 1982Commonwealth v. Webster, 490 Pa. 322 , 416 A.2d 491 (1980). | 1 | 1982–1982 |
Commonwealth v. Haideman
green
2 sentences1977In Commonwealth v. Rice, 456 Pa. 90, 93 , 318 A.2d 705, 707 (1974), our Court held that “[cjounsel cannot be faulted for failing to assert a non-existent right.” Since the basis for Humphrey’s instant claim of ineffective assistance of trial counsel is the latter’s failure to raise at trial the legal principle announced in Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765 (1972), a case not decided until several months after trial, it would ordinarily follow that this Court should find that the foregone claim lacked “arguable merit” at the time of trial, Commonwealth v. Hubbard, 472 Pa. 259 1977In Commonwealth v. Rice, 456 Pa. 90, 93 , 318 A.2d 705, 707 (1974), our Court held that “[cjounsel cannot be faulted for failing to assert a non-existent right.” Since the basis for Humphrey’s instant claim of ineffective assistance of trial counsel is the latter’s failure to raise at trial the legal principle announced in Commonwealth v. Haideman, 449 Pa. 367 , 296 A.2d 765 (1972), a case not decided until several months after trial, it would ordinarily follow that this Court should find that the foregone claim lacked “arguable merit” at the time of trial, Commonwealth v. Hubbard, 472 Pa. 259 | 1 | 1977–1977 |
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.