may address claim (Pennsylvania) · Go Syfert
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may address claim in Pennsylvania

11 Pennsylvania opinions name it 1 courts 2014–2025 4 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 (2)

CaseFollowedCited
Commonwealth v. Holmesgreen
pa · 2013 · cited in 10 Pennsylvania opinions naming this issue, 2014–2025
2 sentences

2025See Holmes, 79 A.3d at 577-78 (holding that the trial court may address claim(s) of ineffectiveness where they are “both meritorious and apparent from the record so that immediate consideration and relief is warranted,” or where the appellant’s request for review of “prolix” ineffectiveness claims is “accompanied by a knowing, voluntary, and express waiver of PCRA review”).

2025See id. at 577-78 (holding that the trial court may address claim(s) of ineffectiveness where they are “both meritorious and apparent from the record so that immediate consideration and relief is warranted,” or where the appellant’s request for review of “prolix” ineffectiveness claims is “accompanied by a knowing, voluntary, and express waiver of PCRA review”).

1010
Pollina v. Dishonggreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Pollina v. Dishong, 98 A.3d 613 , 617 n.3 (Pa. Super. 2014) (recognizing that, under Pa.R.C.P. 1030(a), immunity should be plead as new matter rather than as preliminary objections but holding that “the failure of the opposing party to object to the defective preliminary objections waives the procedural defect and allows the trial court to rule on the preliminary objections”).

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 (1)

CaseCitedYears
Commonwealth v. Grant green
pa · 2002
1 sentence

2014See Commonwealth v. Holmes, 79 A.3d 562, 576-578 (Pa. 2013) (holding that the trial court may address claim(s) of ineffectiveness where they are “both meritorious and apparent from the record so that immediate consideration and relief is warranted,” or where the appellant’s request for review of “prolix” ineffectiveness claims is “accompanied by a knowing, voluntary, and express waiver of PCRA review”; absent these circumstances, the holding in Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002), applies and claims of ineffective assistance of counsel should be deferred until collateral review). -5

12014–2014

Where else courts name it

PA 11 (2014–2025) IL 2 (2016–2017) MI 2 (1991–1993)

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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