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13 Pennsylvania opinions name it 2 courts 2000–2026 8 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. Brazilgreen2 sentences2000Although these opinions phrase the colloquy requirement in terms of what the trial court must do, Monica, 528 Pa. at 274 , 597 A.2d at 603 (“a trial judge must thoroughly inquire.... ”), Starr, 541 Pa. at 582 , 664 A.2d at 1335 (“the court must inquire .... ”), Brazil, 549 Pa. at 326 , 701 A.2d at 219 (“the trial court is required to conduct_”), Ford, 715 A.2d at 1143-44 (“the trial court is required to make....”), Smith, 626 A.2d at 617 (“the court must conduct ... ”), Carothers, 675 A.2d at 737 (“the trial court is required to make .... ”), the question of who among the judge, counsel for th 2000Although these opinions phrase the colloquy requirement in terms of what the trial court must do, Monica, 528 Pa. at 274 , 597 A.2d at 603 (“a trial judge must thoroughly inquire.... ”), Starr, 541 Pa. at 582 , 664 A.2d at 1335 (“the court must inquire .... ”), Brazil, 549 Pa. at 326 , 701 A.2d at 219 (“the trial court is required to conduct_”), Ford, 715 A.2d at 1143-44 (“the trial court is required to make....”), Smith, 626 A.2d at 617 (“the court must conduct ... ”), Carothers, 675 A.2d at 737 (“the trial court is required to make .... ”), the question of who among the judge, counsel for th | 2 | 2 |
Commonwealth v. Starrgreen2 sentences2000Although these opinions phrase the colloquy requirement in terms of what the trial court must do, Monica, 528 Pa. at 274 , 597 A.2d at 603 (“a trial judge must thoroughly inquire.... ”), Starr, 541 Pa. at 582 , 664 A.2d at 1335 (“the court must inquire .... ”), Brazil, 549 Pa. at 326 , 701 A.2d at 219 (“the trial court is required to conduct_”), Ford, 715 A.2d at 1143-44 (“the trial court is required to make....”), Smith, 626 A.2d at 617 (“the court must conduct ... ”), Carothers, 675 A.2d at 737 (“the trial court is required to make .... ”), the question of who among the judge, counsel for th 2000Although these opinions phrase the colloquy requirement in terms of what the trial court must do, Monica, 528 Pa. at 274 , 597 A.2d at 603 (“a trial judge must thoroughly inquire.... ”), Starr, 541 Pa. at 582 , 664 A.2d at 1335 (“the court must inquire .... ”), Brazil, 549 Pa. at 326 , 701 A.2d at 219 (“the trial court is required to conduct_”), Ford, 715 A.2d at 1143-44 (“the trial court is required to make....”), Smith, 626 A.2d at 617 (“the court must conduct ... ”), Carothers, 675 A.2d at 737 (“the trial court is required to make .... ”), the question of who among the judge, counsel for th | 1 | 2 |
Commonwealth v. Gumpertgreen1 sentence2026See Commonwealth v. Mumford, 353 A.3d 247 , 260-261 (Pa. Super. 2026) (where the defense failed to object to lack of colloquy to establish a voluntary and knowing waiver of the right to testify, then issue not preserved for appellate review); Commonwealth v. Gumpert, 512 A.2d 699, 703 (Pa. Super. 1986) (concluding that challenge to the trial court’s failure to conduct a jury waiver colloquy was not preserved for appellate review, because the appellant did not raise the issue before the trial court). | 1 | 1 |
In the Interest of K.D.green1 sentence2023See S.M., supra at 315-16 . ____________________________________________ 8 But see In re K.D., 871 A.2d 823, 828 (Pa.Super. 2005) (acknowledging the precedential value of In re S.M., 614 A.2d 312 (Pa.Super. 1992) while questioning “under what authority our Court announced a new and heightened standard of review” as to ineffectiveness in dependency proceedings.). - 17 - Mother’s second related argument suggests we adopt a new colloquy rule with respect to dependency proceedings. | 1 | 1 |
Commonwealth v. Phillipsgreen1 sentence2023See Commonwealth v. Phillips, 141 A.3d 512 (Pa.Super. 2016) (stating that our cases do not mandate that “a waiver-of-counsel colloquy must be repeated at every critical stage of the prosecution. | 1 | 1 |
Commonwealth Ex Rel. Wright v. Cavellgreen1 sentence2023Commonwealth v. Brazil, 701 A.2d 216, 219 (Pa. 1997). - 21 - determining whether the there is an intelligent and competent waiver by the [defendant].” Commonwealth v. Cavell, 220 A.2d 611, 614 (Pa. 1966) (emphasis added). | 1 | 1 |
Commonwealth v. Muhammadgreen1 sentence2021See, Commonwealth v. Muhammad, 794 A.2d 378, 383 (Pa. Super. 2002). | 1 | 1 |
United States v. Michael K. Leggettgreen1 sentence2015See Commonwealth v. Coleman, 905 A.2d 1003, 1008 (Pa.Super.2006) (holding that the defendant “played games” with the court system to such an extent that she forfeited her right to counsel, thereby rendering unnecessary the colloquy required for a waiver of counsel); Commonwealth v. Thomas, 879 A.2d 246, 257 (Pa.Super.2005) (holding that the forfeiture of the right to counsel, unlike the waiver of such right, does not require that the defendant intend to relinquish a right, but rather may be the result of the defendant’s “extremely serious misconduct” or “extremely dilatory conduct”); and Unite | 1 | 1 |
Commonwealth v. Thomasgreen1 sentence2015See Commonwealth v. Coleman, 905 A.2d 1003, 1008 (Pa.Super.2006) (holding that the defendant “played games” with the court system to such an extent that she forfeited her right to counsel, thereby rendering unnecessary the colloquy required for a waiver of counsel); Commonwealth v. Thomas, 879 A.2d 246, 257 (Pa.Super.2005) (holding that the forfeiture of the right to counsel, unlike the waiver of such right, does not require that the defendant intend to relinquish a right, but rather may be the result of the defendant’s “extremely serious misconduct” or “extremely dilatory conduct”); and Unite | 1 | 1 |
Commonwealth v. Colemangreen1 sentence2015See Commonwealth v. Coleman, 905 A.2d 1003, 1008 (Pa.Super.2006) (holding that the defendant “played games” with the court system to such an extent that she forfeited her right to counsel, thereby rendering unnecessary the colloquy required for a waiver of counsel); Commonwealth v. Thomas, 879 A.2d 246, 257 (Pa.Super.2005) (holding that the forfeiture of the right to counsel, unlike the waiver of such right, does not require that the defendant intend to relinquish a right, but rather may be the result of the defendant’s “extremely serious misconduct” or “extremely dilatory conduct”); and Unite | 1 | 1 |
In re: Condemnation of a Certain Parcel of Landgreen2 sentences2003Matter of Condemnation of a Certain Parcel of Land in South Park Twp. by South Park Twp., 96 Pa.Cmwlth. 59 , 506 A.2d 511, 514 (1986). [11] Now a colloquy on waiver in capital cases is required by Pa.R.Crim.P. 904(G)(1)(a). [12] This Court has also required a colloquy before accepting any other significant waiver in capital cases, such as waiving the right to counsel, the right to a jury trial, and entering a guilty plea as opposed to proceeding to trial. 2003Matter of Condemnation of a Certain Parcel of Land in South Park Twp. by South Park Twp., 96 Pa.Cmwlth. 59 , 506 A.2d 511, 514 (1986). [11] Now a colloquy on waiver in capital cases is required by Pa.R.Crim.P. 904(G)(1)(a). [12] This Court has also required a colloquy before accepting any other significant waiver in capital cases, such as waiving the right to counsel, the right to a jury trial, and entering a guilty plea as opposed to proceeding to trial. | 1 | 1 |
Commonwealth v. Smithgreen1 sentence2000Although these opinions phrase the colloquy requirement in terms of what the trial court must do, Monica, 528 Pa. at 274 , 597 A.2d at 603 (“a trial judge must thoroughly inquire.... ”), Starr, 541 Pa. at 582 , 664 A.2d at 1335 (“the court must inquire .... ”), Brazil, 549 Pa. at 326 , 701 A.2d at 219 (“the trial court is required to conduct_”), Ford, 715 A.2d at 1143-44 (“the trial court is required to make....”), Smith, 626 A.2d at 617 (“the court must conduct ... ”), Carothers, 675 A.2d at 737 (“the trial court is required to make .... ”), the question of who among the judge, counsel for th | 1 | 1 |
Commonwealth v. Carothersgreen1 sentence2000Although these opinions phrase the colloquy requirement in terms of what the trial court must do, Monica, 528 Pa. at 274 , 597 A.2d at 603 (“a trial judge must thoroughly inquire.... ”), Starr, 541 Pa. at 582 , 664 A.2d at 1335 (“the court must inquire .... ”), Brazil, 549 Pa. at 326 , 701 A.2d at 219 (“the trial court is required to conduct_”), Ford, 715 A.2d at 1143-44 (“the trial court is required to make....”), Smith, 626 A.2d at 617 (“the court must conduct ... ”), Carothers, 675 A.2d at 737 (“the trial court is required to make .... ”), the question of who among the judge, counsel for th | 1 | 1 |
Commonwealth v. Fordgreen1 sentence2000Although these opinions phrase the colloquy requirement in terms of what the trial court must do, Monica, 528 Pa. at 274 , 597 A.2d at 603 (“a trial judge must thoroughly inquire.... ”), Starr, 541 Pa. at 582 , 664 A.2d at 1335 (“the court must inquire .... ”), Brazil, 549 Pa. at 326 , 701 A.2d at 219 (“the trial court is required to conduct_”), Ford, 715 A.2d at 1143-44 (“the trial court is required to make....”), Smith, 626 A.2d at 617 (“the court must conduct ... ”), Carothers, 675 A.2d at 737 (“the trial court is required to make .... ”), the question of who among the judge, counsel for th | 1 | 1 |
Commonwealth v. Monicagreen2 sentences2000Although these opinions phrase the colloquy requirement in terms of what the trial court must do, Monica, 528 Pa. at 274 , 597 A.2d at 603 (“a trial judge must thoroughly inquire.... ”), Starr, 541 Pa. at 582 , 664 A.2d at 1335 (“the court must inquire .... ”), Brazil, 549 Pa. at 326 , 701 A.2d at 219 (“the trial court is required to conduct_”), Ford, 715 A.2d at 1143-44 (“the trial court is required to make....”), Smith, 626 A.2d at 617 (“the court must conduct ... ”), Carothers, 675 A.2d at 737 (“the trial court is required to make .... ”), the question of who among the judge, counsel for th 2000Although these opinions phrase the colloquy requirement in terms of what the trial court must do, Monica, 528 Pa. at 274 , 597 A.2d at 603 (“a trial judge must thoroughly inquire.... ”), Starr, 541 Pa. at 582 , 664 A.2d at 1335 (“the court must inquire .... ”), Brazil, 549 Pa. at 326 , 701 A.2d at 219 (“the trial court is required to conduct_”), Ford, 715 A.2d at 1143-44 (“the trial court is required to make....”), Smith, 626 A.2d at 617 (“the court must conduct ... ”), Carothers, 675 A.2d at 737 (“the trial court is required to make .... ”), the question of who among the judge, counsel for th | 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. Phillips
green
1 sentence2024Commonwealth v. Phillips, 93 A.3d 847 , 853-54 (Pa. Super. 2014). | 1 | 2024–2024 |
Drope v. Missouri
green
1 sentence2024However, Appellant concedes “the record is silent as to whether a bona fide doubt arose regarding his competence during pretrial motions or the colloquy on the waiver of his right to testify in his own defense[.]” Id. | 1 | 2024–2024 |
Commonwealth v. Gunter
green
1 sentence2023Whether the [PCRA court] erred in failing to find that [trial counsel] rendered ineffective assistance of counsel in permitting -4- [Appellant] to tender a no lo contendere [sic] plea that was not voluntarily, knowingly, understandably, and/or intelligently entered in light of the hybrid written guilty plea/no lo contendere [sic] Colloquy plea that was utilized in contravention of the dictates of Commonwealth of Pennsylvania v Gunter, 771 A.2d 767 (Pa. 2001), which constituted a manifest injustice? | 1 | 2023–2023 |
Commonwealth v. Thompson
green
1 sentence2003Id. 5 . | 1 | 2003–2003 |
Faretta v. California
green
2 sentences2003In Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), the United States Supreme Court held that "in order to represent himself, the accused must `knowingly and intelligently' forgo those relinquished benefits." Id. at 835 , 95 S.Ct. 2525 . 2003In Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), the United States Supreme Court held that "in order to represent himself, the accused must `knowingly and intelligently' forgo those relinquished benefits." Id. at 835 , 95 S.Ct. 2525 . | 1 | 2003–2003 |
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.