ineffective counsel claim (Pennsylvania) · Go Syfert
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ineffective counsel claim in Pennsylvania

14 Pennsylvania opinions name it 2 courts 1968–2026 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 (12)

CaseFollowedCited
Commonwealth v. Fultongreen
pa · 2003 · cited in 2 Pennsylvania opinions naming this issue, 2019–2020
2 sentences

2020Commonwealth v. Fulton, 830 A.2d 567, 572 (Pa. 2003).

2019Commonwealth v. Fulton, 830 A.2d 567, 572 (Pa. 2003).

22
Commonwealth v. Holmesgreen
pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026See id. at 311 (citing Commonwealth v. Holmes, 79 A.3d 562, 576-78 (Pa. 2013)).

11
Com. v. Watson, F.green
pasuperct · 2024 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026See id. at 311 (citing Commonwealth v. Holmes, 79 A.3d 562, 576-78 (Pa. 2013)).

11
Clemmons v. Stategreen
mo · 1990 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Acklin v. State, 266 So.3d 89, 117 (Ala.2017) ("[I]it is superfluous for expert witnesses to advise a court ... about the proper application of existing law to the established historical facts and about the ultimate issue of trial counsel· s ineffectiveness ... ); State v. Moore, 641 A.2d 268, 272 (N.J.1994), ('There is no basis to conclude that a lawyer experienced in appellate practice has any knowledge of that practice that is beyond the ken of a trial court.''); People v. Frazier, 2000 WL 33423200 (2000) ("In the context of ineffective assistance of counsel claims, the trial court does not

11
Acklin v. Stategreen
alacrimapp · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Acklin v. State, 266 So.3d 89, 117 (Ala.2017) ("[I]it is superfluous for expert witnesses to advise a court ... about the proper application of existing law to the established historical facts and about the ultimate issue of trial counsel· s ineffectiveness ... ); State v. Moore, 641 A.2d 268, 272 (N.J.1994), ('There is no basis to conclude that a lawyer experienced in appellate practice has any knowledge of that practice that is beyond the ken of a trial court.''); People v. Frazier, 2000 WL 33423200 (2000) ("In the context of ineffective assistance of counsel claims, the trial court does not

11
State v. Mooregreen
njsuperctappdiv · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Acklin v. State, 266 So.3d 89, 117 (Ala.2017) ("[I]it is superfluous for expert witnesses to advise a court ... about the proper application of existing law to the established historical facts and about the ultimate issue of trial counsel· s ineffectiveness ... ); State v. Moore, 641 A.2d 268, 272 (N.J.1994), ('There is no basis to conclude that a lawyer experienced in appellate practice has any knowledge of that practice that is beyond the ken of a trial court.''); People v. Frazier, 2000 WL 33423200 (2000) ("In the context of ineffective assistance of counsel claims, the trial court does not

11
Commonwealth v. Isaacgreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See id. - 10 - Finally, we address Appellant’s brief references that his direct appeal rights should be reinstated.

11
Commonwealth v. Priovolosgreen
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Commonwealth v. Fulton, 876 A.2d 342 , (Pa. 2003). 7 To be entitled to an evidentiary hearing on a claim of ineffectiveness, a defendant must ''set forth an offer to prove at an appropriate hearing sufficient facts upon which a reviewing court can conclude ... counsel may have, in fact, been ineffective." Commonwealth v. Priovolos, 715 A.2d 420, 422 (Pa. 1998) (quoting Commonwealth v. Pettus, 424 A.2d 1332, 1335 (Pa. 1981 )).

11
Commonwealth v. Pettusgreen
pa · 1981 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Commonwealth v. Fulton, 876 A.2d 342 , (Pa. 2003). 7 To be entitled to an evidentiary hearing on a claim of ineffectiveness, a defendant must ''set forth an offer to prove at an appropriate hearing sufficient facts upon which a reviewing court can conclude ... counsel may have, in fact, been ineffective." Commonwealth v. Priovolos, 715 A.2d 420, 422 (Pa. 1998) (quoting Commonwealth v. Pettus, 424 A.2d 1332, 1335 (Pa. 1981 )).

11
Commonwealth v. Archergreen
pasuperct · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
1 sentence

2003An illegal sentence claim can never be waived, Commonwealth v. Archer, 722 A.2d 203, 209 (Pa.Super.1998), and we therefore do not address this issue under an ineffective counsel analysis.

11
Commonwealth v. Sinwellgreen
pasuperct · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1981–1981
2 sentences

1981See, e.g., Commonwealth v. Sinwell, 259 Pa.Super. 544 , 547 & n. 5, 393 A.2d 959 , 961 & n. 5 (1978).

1981See, e.g., Commonwealth v. Sinwell, 259 Pa.Super. 544 , 547 & n. 5, 393 A.2d 959 , 961 & n. 5 (1978).

11
MacHibroda v. United Statesgreen
scotus · 1962 · cited in 1 Pennsylvania opinions naming this issue, 1968–1968
2 sentences

1968We shall not, however, permit this rather crude petition to blind us to the real nature of Patterson's claim, since appellant was without the aid of counsel when the writ was initially sought. [2] The Supreme Court of the United States has said: "A guilty plea, if induced by promises or threats which deprive it of the character of a voluntary act, is void." Machibroda v. United States, 368 U.S. 487, 493 , 82 S. Ct. 510, 513 (1962).

1968We shall not, however, permit this rather crude petition to blind us to the real nature of Patterson's claim, since appellant was without the aid of counsel when the writ was initially sought. [2] The Supreme Court of the United States has said: "A guilty plea, if induced by promises or threats which deprive it of the character of a voluntary act, is void." Machibroda v. United States, 368 U.S. 487, 493 , 82 S. Ct. 510, 513 (1962).

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 (5)

CaseCitedYears
Commonwealth v. Fulton green
pa · 2002
2 sentences

2016Commonwealth v. Fulton, 876 A.2d 342 , (Pa. 2003). 7 To be entitled to an evidentiary hearing on a claim of ineffectiveness, a defendant must ''set forth an offer to prove at an appropriate hearing sufficient facts upon which a reviewing court can conclude ... counsel may have, in fact, been ineffective." Commonwealth v. Priovolos, 715 A.2d 420, 422 (Pa. 1998) (quoting Commonwealth v. Pettus, 424 A.2d 1332, 1335 (Pa. 1981 )).

2016Commonwealth v. Fulton, 876 A.2d 342 , (Pa. 2003).

22016–2016
Commonwealth v. Nolan green
pa · 2004
2 sentences

2012Id. at 307 , 855 A.2d at 838 .

2012Id. at 307 , 855 A.2d at 838 .

12012–2012
Commonwealth v. Pierce green
pa · 1987
2 sentences

1987Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1986).

1987Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1986).

11987–1987
Commonwealth v. Dancer green
pa · 1975
2 sentences

1976Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435 (1975).

1976Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435 (1975).

11976–1976
Commonwealth v. Powell green
pa · 1968
2 sentences

1971I In support of the ineffective counsel claim, we are referred to counsel’s failure to object at the degree of guilt hearing to the introduction into evidence of certain gruesome and inflammatory photographs of the victim’s body and to our holding in Commonwealth v. Powell, 428 Pa. 275 , 241 A. 2d 119 (1968), that such inflammatory photographs are not admissible unless of “essential evidentiary value”.

1971I In support of the ineffective counsel claim, we are referred to counsel’s failure to object at the degree of guilt hearing to the introduction into evidence of certain gruesome and inflammatory photographs of the victim’s body and to our holding in Commonwealth v. Powell, 428 Pa. 275 , 241 A. 2d 119 (1968), that such inflammatory photographs are not admissible unless of “essential evidentiary value”.

11971–1971

Where else courts name it

PA 14 (1968–2026) OH 12 (1987–2026) CA 8 (1988–2022) LA 8 (1985–2023) TX 8 (1994–2025) DE 5 (2016–2019) OK 4 (2004–2020) AL 4 (1985–1995) NM 3 (1978–2008) ND 2 (1999–1999) NY 2 (1999–2001) AZ 2 (1986–2021) MS 2 (2008–2017) VA 2 (2005–2023) IN 2 (1984–1990)

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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