hearing to present claim (Pennsylvania) · Go Syfert
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hearing to present claim in Pennsylvania

13 Pennsylvania opinions name it 3 courts 1977–2017 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.

Followed or applied (3)

CaseFollowedCited
Commonwealth v. Malonegreen
pasuperct · 1976 · cited in 9 Pennsylvania opinions naming this issue, 1977–2017
2 sentences

1981To remedy such a situation, an individual must be afforded a hearing to present his claim that he is entitled to an expungement—that is because an innocent individual has a right to be free from unwarranted punishment, a court has the authority to remedy the denial of that right by ordering expungement of the arrest record. 244 Pa.Super. at 69 , 366 A.2d at 588 .

1981To remedy such a situation, an individual must be afforded a hearing to present his claim that he is entitled to an expungement—that is because an innocent individual has a right to be free from unwarranted punishment, a court has the authority to remedy the denial of that right by ordering expungement of the arrest record. 244 Pa.Super. at 69 , 366 A.2d at 588 .

29
Commonwealth v. Maxwellgreen
pasuperct · 1999 · cited in 2 Pennsylvania opinions naming this issue, 2012–2014
2 sentences

2014Id. (citing Commonwealth v. Rodland, 871 A.2d 216, 221 (Pa.Super.2005); Commonwealth v. Maxwell, 737 A.2d 1243, 1245 (Pa.Super.1999) (stating “an individual must be afforded a hearing to present his claim that he in entitled to an expungement”)).

2012Maxwell, 737 A.2d at 1245 (citation omitted); accord Rodland, 871 A.2d at 221 (“Maxwell makes clear that [an] Appellant is at least entitled to a hearing” to determine if charges were nolle prossed pursuant to a plea agreement).

22
Commonwealth v. Rodlandgreen
pasuperct · 2005 · cited in 2 Pennsylvania opinions naming this issue, 2012–2014
2 sentences

2014Id. (citing Commonwealth v. Rodland, 871 A.2d 216, 221 (Pa.Super.2005); Commonwealth v. Maxwell, 737 A.2d 1243, 1245 (Pa.Super.1999) (stating “an individual must be afforded a hearing to present his claim that he in entitled to an expungement”)).

2012Maxwell, 737 A.2d at 1245 (citation omitted); accord Rodland, 871 A.2d at 221 (“Maxwell makes clear that [an] Appellant is at least entitled to a hearing” to determine if charges were nolle prossed pursuant to a plea agreement).

22

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 (4)

CaseCitedYears
Matter of Pflaum green
pasuperct · 1982
2 sentences

2001Id. at 1245 .

1999Pflaum, 451 A.2d at 1040 (citing Malone, 366 A.2d at 588 ). ¶ 8 In this case in support of his request for expungement Appellant alleged in his petition that he is 19 years old, a college student, and that he had never been arrested prior to this incident.

21999–2001
Commonwealth v. Wallace green
pasuperct · 2012
1 sentence

2014Id. (citing Commonwealth v. Rodland, 871 A.2d 216, 221 (Pa.Super.2005); Commonwealth v. Maxwell, 737 A.2d 1243, 1245 (Pa.Super.1999) (stating “an individual must be afforded a hearing to present his claim that he in entitled to an expungement”)).

12014–2014
Wisconsin v. Constantineau green
scotus · 1971
1 sentence

1983Id., 244 Pa.Superior at 69, 366 A.2d at 587-88 .

11983–1983
Commonwealth v. Homison green
pasuperct · 1978
2 sentences

1979To remedy such a situation, an individual must be afforded a hearing to present his claim that he is entitled to an expungement — that is, because an innocent individual has a right to be free from unwarranted punishment, a court has the authority to remedy the denial of that right by ordering expungement of the arrest record.” In Com. v. Homison, 253 Pa. Superior Ct. 486 , 385 A. 2d 443 (1978), the Superior Court held that the grant of a full pardon by the governor, for reasons other than innocence, does not entitle one to expungement of his criminal record.

1979To remedy such a situation, an individual must be afforded a hearing to present his claim that he is entitled to an expungement — that is, because an innocent individual has a right to be free from unwarranted punishment, a court has the authority to remedy the denial of that right by ordering expungement of the arrest record.” In Com. v. Homison, 253 Pa. Superior Ct. 486 , 385 A. 2d 443 (1978), the Superior Court held that the grant of a full pardon by the governor, for reasons other than innocence, does not entitle one to expungement of his criminal record.

11979–1979

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 9122 (3)

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.

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