issue of trial court error (Pennsylvania) · Go Syfert
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issue of trial court error in Pennsylvania

12 Pennsylvania opinions name it 2 courts 1996–2018 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 (9)

CaseFollowedCited
Commonwealth v. Wholavergreen
pa · 2010 · cited in 5 Pennsylvania opinions naming this issue, 2015–2017
2 sentences

2017See Commonwealth v. Wholaver, 605 Pa. 325, 340 , 989 A.2d 883, 892 (2010) (where trial counsel objected to the admission of evidence but did not request a limiting instruction, the issue of trial court error for not giving such instruction is waived); Commonwealth v. Bryant, 579 Pa. 119, 141 , 855 A.2d 726, 739 (2004) (failure to request cautionary instruction upon introduction of evidence constitutes waiver of claim of trial court error in failing to issue cautionary instruction);Commonwealth v. Bell, 562 A.2d 849, 853 (Pa.Super.1989) (“Where counsel fails to request a mistrial when the alleg

2017See Commonwealth v. Wholaver, 605 Pa. 325, 340 , 989 A.2d 883, 892 (2010) (where trial counsel objected to the admission of evidence but did not request a limiting instruction, the issue of trial court error for not giving such instruction is waived); Commonwealth v. Bryant, 579 Pa. 119, 141 , 855 A.2d 726, 739 (2004) (failure to request cautionary instruction upon introduction of evidence constitutes waiver of claim of trial court error in failing to issue cautionary instruction);Commonwealth v. Bell, 562 A.2d 849, 853 (Pa.Super.1989) (“Where counsel fails to request a mistrial when the alleg

45
Commonwealth v. Bryantgreen
pa · 2004 · cited in 3 Pennsylvania opinions naming this issue, 2010–2017
2 sentences

2017See Commonwealth v. Wholaver, 605 Pa. 325, 340 , 989 A.2d 883, 892 (2010) (where trial counsel objected to the admission of evidence but did not request a limiting instruction, the issue of trial court error for not giving such instruction is waived); Commonwealth v. Bryant, 579 Pa. 119, 141 , 855 A.2d 726, 739 (2004) (failure to request cautionary instruction upon introduction of evidence constitutes waiver of claim of trial court error in failing to issue cautionary instruction);Commonwealth v. Bell, 562 A.2d 849, 853 (Pa.Super.1989) (“Where counsel fails to request a mistrial when the alleg

2017See Commonwealth v. Wholaver, 605 Pa. 325, 340 , 989 A.2d 883, 892 (2010) (where trial counsel objected to the admission of evidence but did not request a limiting instruction, the issue of trial court error for not giving such instruction is waived); Commonwealth v. Bryant, 579 Pa. 119, 141 , 855 A.2d 726, 739 (2004) (failure to request cautionary instruction upon introduction of evidence constitutes waiver of claim of trial court error in failing to issue cautionary instruction);Commonwealth v. Bell, 562 A.2d 849, 853 (Pa.Super.1989) (“Where counsel fails to request a mistrial when the alleg

33
Commonwealth v. Bellgreen
pa · 1989 · cited in 2 Pennsylvania opinions naming this issue, 2015–2017
2 sentences

2017See Commonwealth v. Wholaver, 605 Pa. 325, 340 , 989 A.2d 883, 892 (2010) (where trial counsel objected to the admission of evidence but did not request a limiting instruction, the issue of trial court error for not giving such instruction is waived); Commonwealth v. Bryant, 579 Pa. 119, 141 , 855 A.2d 726, 739 (2004) (failure to request cautionary instruction upon introduction of evidence constitutes waiver of claim of trial court error in failing to issue cautionary instruction);Commonwealth v. Bell, 562 A.2d 849, 853 (Pa.Super.1989) (“Where counsel fails to request a mistrial when the alleg

2015See Commonwealth v. Wholaver, 989 A.2d 883, 892 (Pa. 2010) (where trial counsel objected to the admission of evidence but did not request a limiting instruction, the issue of trial court error for not giving such instruction is waived); Commonwealth v. Bryant, 855 A.2d 726, 739 (2004) (failure to request cautionary instruction upon introduction of evidence constitutes waiver of claim of trial court error in failing to issue cautionary instruction); Commonwealth v. Bell, 562 A.2d 849, 853 (Pa. Super. 1989) (“Where counsel fails to request a mistrial when the alleged prejudicial event occurs, th

22
Crawford v. Washingtongreen
scotus · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
2 sentences

2016Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004) ("The Clause also does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted.") Moreover, Wilson did not request a limiting instruction on the issue and the claim is, accordingly waived. 6 See Commonwealth v. Wholaver, 605 Pa. 325 , 989 A.2d 883 , 892 (2010) (where trial counsel objected to the admission of evidence but did not request a limiting instruction, the issue of trial court error for not giving such instruction is waived).

2016Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004) ("The Clause also does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted.") Moreover, Wilson did not request a limiting instruction on the issue and the claim is, accordingly waived. 6 See Commonwealth v. Wholaver, 605 Pa. 325 , 989 A.2d 883 , 892 (2010) (where trial counsel objected to the admission of evidence but did not request a limiting instruction, the issue of trial court error for not giving such instruction is waived).

11
Commonwealth v. Johnsongreen
pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Although Aponte raised on direct appeal the issue of trial court error for failing to raise distinct Sixth Amendment claims, separate and apart from the underlying claims of trial court error; thus, prior litigation of a direct review Commonwealth v. Johnson, 64 A.3d 622, 623 (Pa. 2013) (citation omitted).

11
Commonwealth v. Jonesgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Commonwealth v. Reaves, 923 A.2d PCRA court, and these findings will not be disturbed unless they have no Commonwealth v. Daniels, 947 A.2d 795, 798 (Pa. Super. 2008), citing Commonwealth v. McClellan, 887 A.2d hearing on a PCRA petition, and if the PCRA court can determine from the record that no genuine issues of material fact exist, then a hearing is not Commonwealth v. Jones, 942 A.2d 903, 906 (Pa. Super. on to decline to hold a hearing if Commonwealth v. Walls, 993 A.2d 289 , 295 -5- J-S62003-14 t to function as a fishing expedition for any possible evidence that may Commonwealth v. Jones

11
Commonwealth v. Danielsgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Commonwealth v. Reaves, 923 A.2d PCRA court, and these findings will not be disturbed unless they have no Commonwealth v. Daniels, 947 A.2d 795, 798 (Pa. Super. 2008), citing Commonwealth v. McClellan, 887 A.2d hearing on a PCRA petition, and if the PCRA court can determine from the record that no genuine issues of material fact exist, then a hearing is not Commonwealth v. Jones, 942 A.2d 903, 906 (Pa. Super. on to decline to hold a hearing if Commonwealth v. Walls, 993 A.2d 289 , 295 -5- J-S62003-14 t to function as a fishing expedition for any possible evidence that may Commonwealth v. Jones

11
Commonwealth v. Collinsgreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2009–2009
2 sentences

2009Whether the trial court erred and whether counsel was ineffective for failing to raise the issue of trial court error are separate, discrete inquiries, see Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564, 570 (2005), and Appellee has clearly waived the former.

2009Whether the trial court erred and whether counsel was ineffective for failing to raise the issue of trial court error are separate, discrete inquiries, see Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564, 570 (2005), and Appellee has clearly waived the former.

11
Commonwealth v. Robinsongreen
pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 1996–1996
2 sentences

1996See Commonwealth v. Robinson, 543 Pa. 190, 196 , 670 A.2d 616, 619 (1995).

1996See Commonwealth v. Robinson, 543 Pa. 190, 196 , 670 A.2d 616, 619 (1995).

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 (4)

CaseCitedYears
Commonwealth v. Reed green
pasuperct · 2012
1 sentence

2018Reed, 42 A.3d at 319 .

12018–2018
Altamirano-Quintero v. United States neutral
scotus · 2010
1 sentence

2017See Commonwealth v. Wholaver, 989 A.2d 883, 892 (Pa. 2010) (“[A]lthough trial counsel objected to the admission of this evidence, he did not request a limiting instruction; therefore, the issue of trial court error for not giving such instruction is waived.”), cert. denied, 562 U.S. 933 (2010).

12017–2017
Commonwealth v. Walls green
pasuperct · 2010
1 sentence

2014Commonwealth v. Reaves, 923 A.2d PCRA court, and these findings will not be disturbed unless they have no Commonwealth v. Daniels, 947 A.2d 795, 798 (Pa. Super. 2008), citing Commonwealth v. McClellan, 887 A.2d hearing on a PCRA petition, and if the PCRA court can determine from the record that no genuine issues of material fact exist, then a hearing is not Commonwealth v. Jones, 942 A.2d 903, 906 (Pa. Super. on to decline to hold a hearing if Commonwealth v. Walls, 993 A.2d 289 , 295 -5- J-S62003-14 t to function as a fishing expedition for any possible evidence that may Commonwealth v. Jones

12014–2014
Miranda v. Arizona green
scotus · 1966
2 sentences

2002See infra n. 12. [1] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [1] At the first trial, the trial court issued a general Bruton charge at the end of the case.

2002See infra n. 12. [1] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [1] At the first trial, the trial court issued a general Bruton charge at the end of the case.

12002–2002

Where else courts name it

PA 12 (1996–2018) WA 3 (1983–2001) OH 2 (2017–2017)

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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