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15 Pennsylvania opinions name it 2 courts 2007–2023 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 |
|---|---|---|
Commonwealth v. Clarkgreen1 sentence2023See Commonwealth v. Clark, 961 A.2d 80, 90 (Pa. 2008) Following an evidentiary hearing, the PCRA court rejected that claim but awarded Appellant a new penalty-phase hearing. | 1 | 1 |
Commonwealth v. Gacobanogreen1 sentence2022See Commonwealth v. Gacobano, 65 A.3d 416, 420 (Pa. Super. 2013). 4 Steve Horn, U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence, Criminal Legal News, March 2019, p. 14, https://www.criminallegalnews.org/news/2019/feb/14/us-government-lab- withheld-groundbreaking-study-5-years-can-help-defendants-question- reliability-certain-dna-evidence/ (last accessed on August 18, 2022). - 10 - with DNA testing that came to light in 2018 [in the Ski-Mask Study]. | 1 | 1 |
Commonwealth v. Spotzgreen1 sentence2019However, her statements regarding Appellant’s appearance, his location and objects in his possession were not admitted for the truth of the matter asserted, but rather to explain why Deputy Herb initially engaged Appellant. - 11 - Regardless, to prevail on an ineffective assistance of counsel claim, Appellant must show actual prejudice, “an actual adverse effect on the outcome of the proceedings.” Commonwealth v. Spotz, 84 A.3d 294, 315 (Pa. 2014). | 1 | 1 |
Commonwealth v. Carsongreen2 sentences2014The PCRA court noted that Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 262 (2006), set forth the relevant law. 2014The PCRA court noted that Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 262 (2006), set forth the relevant law. | 1 | 1 |
Commonwealth v. McGillgreen2 sentences2013We have expressed concern that PCRA courts conduct a thorough analysis of the legal issues in a capital case to "enable us to conduct meaningful review.” Dennis, 597 Pa. at 179-80 , 950 A.2d at 956-57 ; see also Commonwealth v. McGill, 574 Pa. 574, 593 , 832 A.2d 1014, 1026 (2003). 2013We have expressed concern that PCRA courts conduct a thorough analysis of the legal issues in a capital case to "enable us to conduct meaningful review.” Dennis, 597 Pa. at 179-80 , 950 A.2d at 956-57 ; see also Commonwealth v. McGill, 574 Pa. 574, 593 , 832 A.2d 1014, 1026 (2003). | 1 | 1 |
Commonwealth v. Smolkogreen2 sentences2011See Commonwealth v. Smolko, 446 Pa.Super. 156 , 666 A.2d 672, 680 (1985). 2011See Commonwealth v. Smolko, 446 Pa.Super. 156 , 666 A.2d 672, 680 (1985). | 1 | 1 |
Commonwealth v. Smithgreen2 sentences2007See Commonwealth v. Smith, 544 Pa. 219 , 675 A.2d 1221, 1232 (1996) (holding that Simmons does not apply retroactively and that former counsel was not ineffective for failing to predict a change in the law). 2007See Commonwealth v. Smith, 544 Pa. 219 , 675 A.2d 1221, 1232 (1996) (holding that Simmons does not apply retroactively and that former counsel was not ineffective for failing to predict a change in the law). | 1 | 1 |
Commonwealth v. Christygreen2 sentences2007The PCRA court rejected this claim, finding that Simmons announced a new rule of law, see Commonwealth v. Christy, 540 Pa. 192 , 656 A.2d 877, 888 (1995), to which Appellant is not entitled to retroactive application because trial counsel failed to preserve this issue. 2007The PCRA court rejected this claim, finding that Simmons announced a new rule of law, see Commonwealth v. Christy, 540 Pa. 192 , 656 A.2d 877, 888 (1995), to which Appellant is not entitled to retroactive application because trial counsel failed to preserve this issue. | 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. Kloiber
green
2 sentences2019Commonwealth v. Kloiber, 106 A.2d 820 , 826–[8]27 (Pa. 1954). 2015The PCRA court rejected the claim, holding: In Commonwealth v. Kloiber, the Pennsylvania Supreme Court stated: - 13 - J-S32002-15 Where the witness is not in a position to clearly observe the assailant, or he is not positive as to identification, or his positive statements as to identity are weakened by qualifications or by failure to identify defendant on one or more prior occasions, the accuracy of the identification is so doubtful that the Court should warn the jury that the testimony as to identity must also be received with caution. 106 A.2d 820 (Pa. 1954). | 2 | 2015–2019 |
Commonwealth v. Mason, L., Aplt
green
1 sentence2022PCRA Court Opinion, 1/13/2014, at 32. [J-117-2020] - 16 More specifically, the court stated, “[Appellant] fails to show how questioning Hurd about a minor detail would have affected the outcome of his trial.” Id. | 1 | 2022–2022 |
United States v. Cronic
green
1 sentence2021In its Rule 907 Notice, the PCRA court first summarized its findings based on the testimony presented at the October 11, 2016, evidentiary hearing: The evidence of record establishes the following facts: (i) Attorney Raiford only met with [Morrison] one (1) time for approximately thirty (30) minutes on the day before his ____________________________________________ 2 Morrison does not argue that prejudice here should be presumed under, U.S. v. Chronic, 466 U.S. 648 (1984), and we will not analyze this issue. -6- preliminary hearing; (ii) he ultimately never represented [Morrison] in any court | 1 | 2021–2021 |
Commonwealth v. Butler
red
1 sentence2021First, the PCRA court rejected this claim by relying on our Supreme Court’s decision in Commonwealth v. Butler, 226 A.3d 972 (Pa. filed March 26, 2020) (Butler II). | 1 | 2021–2021 |
Brady v. Maryland
green
2 sentences2018In Brady , the United States Supreme Court held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." Id. at 87 , 83 S.Ct. 1194 . 2 The affidavit was dated July 29, 2014. 3 It is not clear whether this references the shooting that led to the victim's death, or an unrelated shooting. 4 The PCRA court rejected this claim on a different basis, indicating that Appellant failed to meet the 60-day requirement of Sec 2018In Brady , the United States Supreme Court held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." Id. at 87 , 83 S.Ct. 1194 . 2 The affidavit was dated July 29, 2014. 3 It is not clear whether this references the shooting that led to the victim's death, or an unrelated shooting. 4 The PCRA court rejected this claim on a different basis, indicating that Appellant failed to meet the 60-day requirement of Sec | 1 | 2018–2018 |
Miller v. Alabama
green
1 sentence2018In Montgomery, the United States Supreme Court held that the rule announced in Miller v. Alabama, 567 U.S. 460 (2012), that a sentence of life imprisonment without parole violates the 8 th Amendment to the United States Constitution when imposed automatically on a juvenile, applies retroactively to juveniles sentenced to life imprisonment without parole who are seeking state collateral relief. | 1 | 2018–2018 |
Commonwealth v. Dennis
green
2 sentences2013We have expressed concern that PCRA courts conduct a thorough analysis of the legal issues in a capital case to "enable us to conduct meaningful review.” Dennis, 597 Pa. at 179-80 , 950 A.2d at 956-57 ; see also Commonwealth v. McGill, 574 Pa. 574, 593 , 832 A.2d 1014, 1026 (2003). 2013We have expressed concern that PCRA courts conduct a thorough analysis of the legal issues in a capital case to "enable us to conduct meaningful review.” Dennis, 597 Pa. at 179-80 , 950 A.2d at 956-57 ; see also Commonwealth v. McGill, 574 Pa. 574, 593 , 832 A.2d 1014, 1026 (2003). | 1 | 2013–2013 |
Commonwealth v. Thompson
green
1 sentence2013The PCRA court rejected this claim, holding that although a defendant is entitled to admit evidence tending to show that another person committed the crime for which the defendant is on trial, see Commonwealth v. Thompson, 779 A.2d 1195 (Pa.Super.2001) (holding that other crimes evidence is admissible to show that someone else committed the crime charged), Appellant did not claim counsel should have produced the evidence of Mr. Priest’s assault conviction to prove that Mr. Priest killed Victim, but to bolster his own testimony about being assaulted. | 1 | 2013–2013 |
Commonwealth v. May
green
2 sentences2011The PCRA court rejected this claim, citing Commonwealth v. May, 551 Pa. 286 , 710 A.2d 44 (1998), in which this Court held that a defendant's criminal record of violent felonies did not address future dangerousness. 2011The PCRA court rejected this claim, citing Commonwealth v. May, 551 Pa. 286 , 710 A.2d 44 (1998), in which this Court held that a defendant's criminal record of violent felonies did not address future dangerousness. | 1 | 2011–2011 |
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.