record belies claim (Pennsylvania) · Go Syfert
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record belies claim in Pennsylvania

13 Pennsylvania opinions name it 2 courts 1990–2024 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 (10)

CaseFollowedCited
Commonwealth v. Browngreen
pasuperct · 1999 · cited in 2 Pennsylvania opinions naming this issue, 2004–2005
2 sentences

2005Commonwealth v. Brown, 741 A.2d 726, 735 (Pa.Super.1999). ¶ 13 Our review of the record belies the claim that the sentencing court failed to place sufficient reasons for the sentence on the record.

2004Commonwealth v. Brown, 741 A.2d 726, 735 (Pa.Super.1999). ¶ 20 Our review of the record belies the claim that the sentencing court failed to place sufficient reasons for the sentence on the record.

22
Commonwealth v. Harrisgreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Commonwealth v. Harris, 176 A.3d 1009, 1019 (Pa.Super. 2017) (stating officers have probable cause to conduct a traffic stop when a traffic code violation is observed).2 To the extent that Patton-Vincent argues that officers unreasonably prolonged the traffic stop, the record belies this claim.

11
Commonwealth v. Johnsongreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See PCRA Court Opinion, 12/10/19, at 8-21 (wherein the PCRA court details the amount of time that trial counsel discussed the case with Ritchey, and remarked that trial counsel and Ritchey communicated with each other very effectively throughout pre-trial proceedings and during trial); see id. (wherein the PCRA court points out that Ritchey acknowledged he had enough time to speak with trial counsel regarding his case).

11
Commonwealth v. DiClaudiogreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020The Commonwealth does not discuss Appellant’s credibility; indeed, it is the trial court that stated it found Appellant’s “version of events entirely incredible.” N.T., 4/6/2018, at 133. -9- J-S24045-20 Commonwealth v. DiClaudio, 210 A.3d 1070, 1074-75 (Pa. Super. 2019) (quoting Commonwealth v. Samuel, 102 A.3d 1001, 1006-07 (Pa. Super. 2014)).

11
Commonwealth v. Fransengreen
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020S11046/19 “[T]he admission of evidence is within the sound discretion of the trial court and will be reversed only upon a showing that the trial court clearly abused its discretion.” Commonwealth v. Fransen, 42 A.3d 1100, 1106 (Pa.Super. 2012) (citation omitted), appeal denied, 76 A.3d 538 (Pa. 2013).

11
Commonwealth v. Samuelgreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020The Commonwealth does not discuss Appellant’s credibility; indeed, it is the trial court that stated it found Appellant’s “version of events entirely incredible.” N.T., 4/6/2018, at 133. -9- J-S24045-20 Commonwealth v. DiClaudio, 210 A.3d 1070, 1074-75 (Pa. Super. 2019) (quoting Commonwealth v. Samuel, 102 A.3d 1001, 1006-07 (Pa. Super. 2014)).

11
Commonwealth v. Turetskygreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019To establish a claim of ineffective assistance of counsel, a defendant “must show, by a preponderance of the evidence, ineffective assistance of counsel which, in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.” Commonwealth v. Turetsky, 925 A.2d 876, 880 (Pa. Super. 2007) (citation omitted).

11
Commonwealth v. Orrgreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Orr, supra. To the extent Appellant also complains he did not receive notice of the final PFA order, the record belies that claim.

11
Commonwealth v. Lilleygreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Moreover, to the extent that Appellant raises a substantial question by claiming that the 8 See Commonwealth v. Lilley, 978 A.2d 995, 998 (Pa. Super. 2009) (citing Commonwealth v. Hernandez, 783 A.2d 784, 787 (Pa. Super. 2001) (explaining that despite waiver, Anders requires examination of the merits of the issue appellant seeks to raise)). -7- J-S70045-14 revocation court failed to consider mitigating sentencing factors,9 the record belies his claim.

11
Commonwealth v. Hernandezgreen
pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Moreover, to the extent that Appellant raises a substantial question by claiming that the 8 See Commonwealth v. Lilley, 978 A.2d 995, 998 (Pa. Super. 2009) (citing Commonwealth v. Hernandez, 783 A.2d 784, 787 (Pa. Super. 2001) (explaining that despite waiver, Anders requires examination of the merits of the issue appellant seeks to raise)). -7- J-S70045-14 revocation court failed to consider mitigating sentencing factors,9 the record belies his claim.

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
Thorson, J. v. EDDW, LLC green
pasuperct · 2024
1 sentence

2024As this Court has observed, “simply noting in Appellant’s brief that he has complaints … is inadequate to warrant a remand.” Lawrence, supra at 156 .5 Although Appellant’s brief includes an assertion that first and second PCRA counsel ignored the issues presented in the initial, pro se petition, the record belies this claim.

12024–2024
Fisher v. Central Cab Co. green
pasuperct · 2008
1 sentence

2020See Paden, supra; Schmalz, supra; Fisher, supra. Additionally, to the extent the Hospital argues the trial court precluded it from introducing Dr. Mauthe’s testimony regarding Mrs. Shiflett’s statements to him about her son’s conviction, the record belies this claim.

12020–2020
Schmalz v. Manufacturers & Traders Trust Co. green
pasuperct · 2013
1 sentence

2020See Paden, supra; Schmalz, supra; Fisher, supra. Additionally, to the extent the Hospital argues the trial court precluded it from introducing Dr. Mauthe’s testimony regarding Mrs. Shiflett’s statements to him about her son’s conviction, the record belies this claim.

12020–2020
Commonwealth v. Lynch green
pasuperct · 2003
1 sentence

2019In Commonwealth v. Lynch, 820 A.2d 728 (Pa.Super. 2003), appeal denied, 835 A.2d 709 (Pa. 2003), we explained that the PCRA will provide -4- J.

12019–2019
Hreha v. Benscoter green
pa · 1989
2 sentences

1990Reilly by Reilly v. SEPTA, supra. Nevertheless, a thorough review of the record belies a claim that the verdict shocks the conscience, Hreha *166 v. Benscoter, 381 Pa.Super. 556 , 554 A.2d 525 (1989), cross-appeals denied, 524 Pa. 608 , 569 A.2d 1367 and 524 Pa. 621 , 571 A.2d 383 (1989), or that the Honorable Maurice Louik conducted this trial in any but an exemplary manner.

1990Reilly by Reilly v. SEPTA, supra. Nevertheless, a thorough review of the record belies a claim that the verdict shocks the conscience, Hreha *166 v. Benscoter, 381 Pa.Super. 556 , 554 A.2d 525 (1989), cross-appeals denied, 524 Pa. 608 , 569 A.2d 1367 and 524 Pa. 621 , 571 A.2d 383 (1989), or that the Honorable Maurice Louik conducted this trial in any but an exemplary manner.

11990–1990

Where else courts name it

CA 17 (1981–2021) PA 13 (1990–2024) NY 12 (1998–2021) IL 9 (1996–2025) NV 4 (2013–2016) CO 3 (2019–2024) WI 2 (1997–2024) MI 2 (2018–2018) IA 2 (2016–2022)

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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