14 Pennsylvania opinions name it 3 courts 1990–2026 4 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 |
|---|---|---|
Griffith v. Kentuckygreen2 sentences2019See Griffith , [v. Kentucky ] supra , [ 479 U.S. 314 ] at 322, 107 S.Ct. 708 [ 107 S.Ct. 708 (1987) ]. 2019See Griffith , [v. Kentucky ] supra , [ 479 U.S. 314 ] at 322, 107 S.Ct. 708 [ 107 S.Ct. 708 (1987) ]. | 2 | 2 |
Commonwealth v. Kohliegreen2 sentences2016See Commonwealth v. Wojdak, 466 A.2d 991, 997 (Pa. 1983) (stating that “weight and credibility of the evidence are not factors” to be considered at a habeas hearing); Commonwealth v. Kohlie, 811 A.2d 1010, 1014 (Pa. Super. 2002) (stating that the trial court erred at the habeas hearing when it made a credibility determination regarding the Commonwealth’s evidence, “because credibility is not an issue at pretrial proceedings”). 2006See Commonwealth v. Wojdak, 502 Pa. 359 , 466 A.2d 991, 997 (1983) (stating that “weight and credibility of the evidence are not factors” at habeas hearing); Commonwealth v. Kohlie, 811 A.2d 1010, 1014 (Pa.Super.2002) (stating that the trial court erred at the habeas hearing when it made a credibility determination regarding the Commonwealth’s evidence, “because credibility is not an issue at pretrial proceedings.”). | 2 | 2 |
Commonwealth v. Wojdakgreen2 sentences2016See Commonwealth v. Wojdak, 466 A.2d 991, 997 (Pa. 1983) (stating that “weight and credibility of the evidence are not factors” to be considered at a habeas hearing); Commonwealth v. Kohlie, 811 A.2d 1010, 1014 (Pa. Super. 2002) (stating that the trial court erred at the habeas hearing when it made a credibility determination regarding the Commonwealth’s evidence, “because credibility is not an issue at pretrial proceedings”). 2006See Commonwealth v. Wojdak, 502 Pa. 359 , 466 A.2d 991, 997 (1983) (stating that “weight and credibility of the evidence are not factors” at habeas hearing); Commonwealth v. Kohlie, 811 A.2d 1010, 1014 (Pa.Super.2002) (stating that the trial court erred at the habeas hearing when it made a credibility determination regarding the Commonwealth’s evidence, “because credibility is not an issue at pretrial proceedings.”). | 2 | 2 |
Preiser v. Rodriguezgreen1 sentence2024See In re Jacobs, 15 A.3d 509 n.1 (Pa. Super. 2011) (“[This Court is] not bound by the rationale of the trial court[] and may affirm on any basis.”). -4- J-S12008-24 It is well-established that “the essence of the common law writ of habeas corpus is an attack by a person in custody upon the legality of that custody, and that the traditional function of the writ is to secure release from illegal custody.” Commonwealth v. Turner, 80 A.3d 754, 765 (Pa. 2013) (summarizing Preiser v. Rodriguez, 411 U.S. 475, 484 (1973)). | 1 | 1 |
In re Jacobsgreen1 sentence2024See In re Jacobs, 15 A.3d 509 n.1 (Pa. Super. 2011) (“[This Court is] not bound by the rationale of the trial court[] and may affirm on any basis.”). -4- J-S12008-24 It is well-established that “the essence of the common law writ of habeas corpus is an attack by a person in custody upon the legality of that custody, and that the traditional function of the writ is to secure release from illegal custody.” Commonwealth v. Turner, 80 A.3d 754, 765 (Pa. 2013) (summarizing Preiser v. Rodriguez, 411 U.S. 475, 484 (1973)). | 1 | 1 |
Commonwealth v. Turnergreen1 sentence2024See In re Jacobs, 15 A.3d 509 n.1 (Pa. Super. 2011) (“[This Court is] not bound by the rationale of the trial court[] and may affirm on any basis.”). -4- J-S12008-24 It is well-established that “the essence of the common law writ of habeas corpus is an attack by a person in custody upon the legality of that custody, and that the traditional function of the writ is to secure release from illegal custody.” Commonwealth v. Turner, 80 A.3d 754, 765 (Pa. 2013) (summarizing Preiser v. Rodriguez, 411 U.S. 475, 484 (1973)). | 1 | 1 |
Royal A. Every v. Frank C. Blackburn, Warden, Louisiana State Penitentiarygreen1 sentence2021See Johnson v. McCaughtry, 265 F.3d 559, 564 (7th Cir. 2001); Every v. Blackburn, 781 F.2d 1138, 1140-41 (5th Cir. 1986). | 1 | 1 |
Eric D. Johnson v. Gary R. McCaughtry Wardengreen1 sentence2021See Johnson v. McCaughtry, 265 F.3d 559, 564 (7th Cir. 2001); Every v. Blackburn, 781 F.2d 1138, 1140-41 (5th Cir. 1986). | 1 | 1 |
Commonwealth v. Millergreen1 sentence2016Commonwealth v. Miller, 810 A.2d 178, 180 (Pa.Super.2002). | 1 | 1 |
Commonwealth v. Mormangreen1 sentence2014Commonwealth v. Morman, 541 A.2d 356, 360 (Pa.Super. 1988) (“To make this determination [at a habeas corpus hearing], the trial court should accept into evidence the record from the - 21 - J. | 1 | 1 |
Commonwealth v. Kelleygreen1 sentence2014Furthermore, it is well settled that “once a defendant has gone to trial and has been found guilty of a crime, any alleged defect in the preliminary hearing is rendered immaterial.” Commonwealth v. Kelley, 664 A.2d 123, 127 (Pa.Super. 1995), appeal denied, 674 A.2d 1068 (Pa. 1996). | 1 | 1 |
Commonwealth v. Lawsongreen2 sentences2003Commonwealth v. Lawson, 437 Pa.Super. 521 , 650 A.2d 876, 879 (1994), appeal denied, 540 Pa. 596 , 655 A.2d 985 (1995) (emphasis supplied). ¶ 7 The legislature, aware that the Commonwealth is under no restriction at the habeas hearing as to the nature or the volume of evidence which it may produce in an effort to establish a prima facie case, and, also aware of the Commonwealth's right to an immediate appeal from an adverse decision by the habeas court, has prohibited the rearrest of a defendant by the Commonwealth based on substantially the same facts. 2003Commonwealth v. Lawson, 437 Pa.Super. 521 , 650 A.2d 876, 879 (1994), appeal denied, 540 Pa. 596 , 655 A.2d 985 (1995) (emphasis supplied). ¶ 7 The legislature, aware that the Commonwealth is under no restriction at the habeas hearing as to the nature or the volume of evidence which it may produce in an effort to establish a prima facie case, and, also aware of the Commonwealth's right to an immediate appeal from an adverse decision by the habeas court, has prohibited the rearrest of a defendant by the Commonwealth based on substantially the same facts. | 1 | 1 |
Commonwealth v. Williamsgreen2 sentences1990See Commonwealth v. Williams, 357 Pa.Super. 462 , 516 A.2d 352 (1986). 1990See Commonwealth v. Williams, 357 Pa.Super. 462 , 516 A.2d 352 (1986). | 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. Roser
green
1 sentence2026In that case, Roser was arrested for DUI under section 3802(a)(1); however, as a defense at trial, Roser “testified … he was not under the influence of alcohol when he was pulled-over but had, rather, ingested gasoline and bug and tar remover several hours before driving in an attempt to commit suicide.” Roser, 914 A.2d at 450-51 . | 1 | 2026–2026 |
McNair v. Owens
green
1 sentence2025Id. at 97-98 . | 1 | 2025–2025 |
Joseph v. Glunt
green
1 sentence2016In the alternative, the lower court reviewed the merits of Appellant’s habeas claim, citing Joseph v. Glunt, 96 A.3d 365 (Pa.Super. 2014), appeal denied, 627 Pa. 774 , 101 A.3d 787 (2014), for the proposition that the DOC has the continuing authority to detain a prisoner even without the possession of the -2- J-S76039-16 written sentencing order if the record of his judgment of sentence is maintained by the sentencing court. | 1 | 2016–2016 |
Commonwealth v. Maute
green
1 sentence2014PCRA Court Opinion, 7/1/13, 4 We also note the case of Commonwealth v. Maute, 397 A.2d 826 (Pa. Super. 1979), in which this Court found that the petitioner’s claim of cruel and unusual punishment, based on beatings he was receiving in prison, was cognizable as a habeas claim rather than as a claim under the Post Conviction Hearing Act, the forerunner to the present-day PCRA. | 1 | 2014–2014 |
Commonwealth v. Garbett
green
2 sentences1990Cf. Commonwealth v. Garbett, 256 Pa.Super. 488 , 498 n. 8, 390 A.2d 208 , 212 n. 8 (1978) (plurality opinion). . 1990Cf. Commonwealth v. Garbett, 256 Pa.Super. 488 , 498 n. 8, 390 A.2d 208 , 212 n. 8 (1978) (plurality opinion). . | 1 | 1990–1990 |
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.
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.