may deny hearing (Pennsylvania) · Go Syfert
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may deny hearing in Pennsylvania

11 Pennsylvania opinions name it 2 courts 1970–2023 1 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 (6)

CaseFollowedCited
Tagnani v. Tagnanigreen
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Tagnani • Tagnani, 654 A.2d 1136, 1139 (Pa. Super. 1995) (citing Adelstein v. Adelstein, 553 A.2d 436, 437 (Pa. Super. 1989)) Here, we fail to see how Wife would be put at a "financial disadvantage" with having to pay counsel fees.

11
Adelstein v. Adelsteingreen
pa · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Tagnani • Tagnani, 654 A.2d 1136, 1139 (Pa. Super. 1995) (citing Adelstein v. Adelstein, 553 A.2d 436, 437 (Pa. Super. 1989)) Here, we fail to see how Wife would be put at a "financial disadvantage" with having to pay counsel fees.

11
Commonwealth v. Blairgreen
pa · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1980–1980
2 sentences

1980However, the court may deny a hearing if the petitioner’s claim is patently frivolous and is without a trace of support either in the record or from other evidence submitted by the petitioner.” In Commonwealth v. Blair, 470 Pa. 598, 599-600 , 369 A.2d 1153, 1154 (1977), our Supreme Court summarized the applicable law for determining when a court may dismiss a *240 PCHA petition without affording an indigent prisoner the assistance of counsel: “The Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580,19 P.S. § 1180-1 et seq.

1980However, the court may deny a hearing if the petitioner’s claim is patently frivolous and is without a trace of support either in the record or from other evidence submitted by the petitioner.” In Commonwealth v. Blair, 470 Pa. 598, 599-600 , 369 A.2d 1153, 1154 (1977), our Supreme Court summarized the applicable law for determining when a court may dismiss a *240 PCHA petition without affording an indigent prisoner the assistance of counsel: “The Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580,19 P.S. § 1180-1 et seq.

11
Commonwealth v. Waltersgreen
pa · 1968 · cited in 1 Pennsylvania opinions naming this issue, 1980–1980
2 sentences

1980Commonwealth v. Walters, 431 Pa. 74, 79-80 , 244 A.2d 757, 759 (1968).

1980Commonwealth v. Walters, 431 Pa. 74, 79-80 , 244 A.2d 757, 759 (1968).

11
Commonwealth v. Stradergreen
pasuperct · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979The court may also deny a hearing on a specific question of fact when a full and fair evidentiary hearing upon that question was held at the original trial or at any later proceeding. . . .’’In Commonwealth v. Strader, 262 Pa.Super. 166 , 396 A.2d 697 *146 (1978), this Court stated: “When a lower court denies a P.C.H.A. petition without a hearing, we will affirm the court’s order if upon an examination of the record we also can determine that the claims raised in the petition are patently frivolous.

1979The court may also deny a hearing on a specific question of fact when a full and fair evidentiary hearing upon that question was held at the original trial or at any later proceeding. . . .’’In Commonwealth v. Strader, 262 Pa.Super. 166 , 396 A.2d 697 *146 (1978), this Court stated: “When a lower court denies a P.C.H.A. petition without a hearing, we will affirm the court’s order if upon an examination of the record we also can determine that the claims raised in the petition are patently frivolous.

11
Commonwealth v. Haydengreen
pasuperct · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1975–1975
2 sentences

1975Thus, “[t]he right to an evidentiary hearing on PCHA review is not absolute.” Commonwealth v. Hayden, 224 Pa. Superior Ct. 354, 356 , 307 A.2d 389, 390 (1973).

1975Thus, “[t]he right to an evidentiary hearing on PCHA review is not absolute.” Commonwealth v. Hayden, 224 Pa. Superior Ct. 354, 356 , 307 A.2d 389, 390 (1973).

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 (11)

CaseCitedYears
Commonwealth v. Johnson green
pa · 1968
2 sentences

1975However, the court may deny a hearing if the petitioner’s claim is patently frivolous and is without a trace of support either in the record or from other evidence submitted by the petitioner.” While mindful that appellant’s claim, if properly presented would entitle him to relief if proven, the lower court was correct in refusing a hearing when appellant failed to allege a denial of his Douglas 3 rights so as to *387 prevent waiver of the issue upon which he sought relief. 4 Commonwealth v. Johnson, 431 Pa. 522, 533 , 246 A.2d 345 (1968).

1975However, the court may deny a hearing if the petitioner’s claim is patently frivolous and is without a trace of support either in the record or from other evidence submitted by the petitioner.” While mindful that appellant’s claim, if properly presented would entitle him to relief if proven, the lower court was correct in refusing a hearing when appellant failed to allege a denial of his Douglas 3 rights so as to *387 prevent waiver of the issue upon which he sought relief. 4 Commonwealth v. Johnson, 431 Pa. 522, 533 , 246 A.2d 345 (1968).

31974–1978
Commonwealth v. Nahodil green
pasuperct · 1968
2 sentences

1974Our Court has interpreted §1180-9 as requiring that “petitioners under the Act be given every conceivable legitimate benefit in the disposition of their claims for an evidentiary hearing.” Commonwealth v. Nahodil, 212 Pa. Superior Ct. 77, 79 , 239 A. 2d 840 (1968).

1974Our Court has interpreted §1180-9 as requiring that “petitioners under the Act be given every conceivable legitimate benefit in the disposition of their claims for an evidentiary hearing.” Commonwealth v. Nahodil, 212 Pa. Superior Ct. 77, 79 , 239 A. 2d 840 (1968).

21973–1974
Commonwealth v. Walker green
pa · 1975
2 sentences

1978Commonwealth v. Yocham, 473 Pa. 445 , 375 A.2d 325 (1977); Commonwealth v. Walker, 460 Pa. 658 , 334 A.2d 282 (1975); Commonwealth v. Via, 455 Pa. 373 , 316 A.2d 895 (1974); Commonwealth v. Johnson, 431 Pa. 522 , 246 A.2d 345 (1968). *188 Sherard’s PCHA petition avers his conviction resulted from: “(1) The introduction into evidence of a statement obtained in the absence of counsel at a time when representation was constitutionally required; “(2) the denial of his constitutional right to representation by competent counsel; “(3) the abridgment of a right guaranteed by the constitution or laws

1978Commonwealth v. Yocham, 473 Pa. 445 , 375 A.2d 325 (1977); Commonwealth v. Walker, 460 Pa. 658 , 334 A.2d 282 (1975); Commonwealth v. Via, 455 Pa. 373 , 316 A.2d 895 (1974); Commonwealth v. Johnson, 431 Pa. 522 , 246 A.2d 345 (1968). *188 Sherard’s PCHA petition avers his conviction resulted from: “(1) The introduction into evidence of a statement obtained in the absence of counsel at a time when representation was constitutionally required; “(2) the denial of his constitutional right to representation by competent counsel; “(3) the abridgment of a right guaranteed by the constitution or laws

11978–1978
Commonwealth v. Via green
pa · 1974
2 sentences

1978Commonwealth v. Yocham, 473 Pa. 445 , 375 A.2d 325 (1977); Commonwealth v. Walker, 460 Pa. 658 , 334 A.2d 282 (1975); Commonwealth v. Via, 455 Pa. 373 , 316 A.2d 895 (1974); Commonwealth v. Johnson, 431 Pa. 522 , 246 A.2d 345 (1968). *188 Sherard’s PCHA petition avers his conviction resulted from: “(1) The introduction into evidence of a statement obtained in the absence of counsel at a time when representation was constitutionally required; “(2) the denial of his constitutional right to representation by competent counsel; “(3) the abridgment of a right guaranteed by the constitution or laws

1978Commonwealth v. Yocham, 473 Pa. 445 , 375 A.2d 325 (1977); Commonwealth v. Walker, 460 Pa. 658 , 334 A.2d 282 (1975); Commonwealth v. Via, 455 Pa. 373 , 316 A.2d 895 (1974); Commonwealth v. Johnson, 431 Pa. 522 , 246 A.2d 345 (1968). *188 Sherard’s PCHA petition avers his conviction resulted from: “(1) The introduction into evidence of a statement obtained in the absence of counsel at a time when representation was constitutionally required; “(2) the denial of his constitutional right to representation by competent counsel; “(3) the abridgment of a right guaranteed by the constitution or laws

11978–1978
Commonwealth v. Yocham green
pa · 1977
2 sentences

1978Commonwealth v. Yocham, 473 Pa. 445 , 375 A.2d 325 (1977); Commonwealth v. Walker, 460 Pa. 658 , 334 A.2d 282 (1975); Commonwealth v. Via, 455 Pa. 373 , 316 A.2d 895 (1974); Commonwealth v. Johnson, 431 Pa. 522 , 246 A.2d 345 (1968). *188 Sherard’s PCHA petition avers his conviction resulted from: “(1) The introduction into evidence of a statement obtained in the absence of counsel at a time when representation was constitutionally required; “(2) the denial of his constitutional right to representation by competent counsel; “(3) the abridgment of a right guaranteed by the constitution or laws

1978Commonwealth v. Yocham, 473 Pa. 445 , 375 A.2d 325 (1977); Commonwealth v. Walker, 460 Pa. 658 , 334 A.2d 282 (1975); Commonwealth v. Via, 455 Pa. 373 , 316 A.2d 895 (1974); Commonwealth v. Johnson, 431 Pa. 522 , 246 A.2d 345 (1968). *188 Sherard’s PCHA petition avers his conviction resulted from: “(1) The introduction into evidence of a statement obtained in the absence of counsel at a time when representation was constitutionally required; “(2) the denial of his constitutional right to representation by competent counsel; “(3) the abridgment of a right guaranteed by the constitution or laws

11978–1978
Commonwealth v. Hargrove green
pa · 1969
2 sentences

1977In accordance with this provision this Court has held that a PCHA petition may be summarily dismissed if the facts alleged in the petition would not, even if proved, entitle the petitioner to relief. 3 E. g., Commonwealth v. O'Donnell, 472 Pa. 25 , 370 A.2d 1209 (1977); Commonwealth v. Hargrove, 434 Pa. 393 , 254 A.2d 22 (1969).

1977In accordance with this provision this Court has held that a PCHA petition may be summarily dismissed if the facts alleged in the petition would not, even if proved, entitle the petitioner to relief. 3 E. g., Commonwealth v. O'Donnell, 472 Pa. 25 , 370 A.2d 1209 (1977); Commonwealth v. Hargrove, 434 Pa. 393 , 254 A.2d 22 (1969).

11977–1977
Commonwealth v. O'DONNELL green
pa · 1977
2 sentences

1977In accordance with this provision this Court has held that a PCHA petition may be summarily dismissed if the facts alleged in the petition would not, even if proved, entitle the petitioner to relief. 3 E. g., Commonwealth v. O'Donnell, 472 Pa. 25 , 370 A.2d 1209 (1977); Commonwealth v. Hargrove, 434 Pa. 393 , 254 A.2d 22 (1969).

1977In accordance with this provision this Court has held that a PCHA petition may be summarily dismissed if the facts alleged in the petition would not, even if proved, entitle the petitioner to relief. 3 E. g., Commonwealth v. O'Donnell, 472 Pa. 25 , 370 A.2d 1209 (1977); Commonwealth v. Hargrove, 434 Pa. 393 , 254 A.2d 22 (1969).

11977–1977
Commonwealth v. Davis green
pa · 1969
2 sentences

1974However, the court may deny a hearing if the petitioner’s claim is patently frivolous and is without a trace of support either in the record or from other evidence submitted by the petitioner.” See, also, Commonwealth v. Davis, 433 Pa. 267 , 249 A. 2d 766 (1969); Commonwealth v. Johnson, 431 Pa. 522 , 246 A. 2d 345 (1968); Commonwealth v. Dennis, 427 Pa. 69 , 233 A. 2d 525 (1967).

1974However, the court may deny a hearing if the petitioner’s claim is patently frivolous and is without a trace of support either in the record or from other evidence submitted by the petitioner.” See, also, Commonwealth v. Davis, 433 Pa. 267 , 249 A. 2d 766 (1969); Commonwealth v. Johnson, 431 Pa. 522 , 246 A. 2d 345 (1968); Commonwealth v. Dennis, 427 Pa. 69 , 233 A. 2d 525 (1967).

11974–1974
Commonwealth v. Dennis neutral
pa · 1967
2 sentences

1974However, the court may deny a hearing if the petitioner’s claim is patently frivolous and is without a trace of support either in the record or from other evidence submitted by the petitioner.” See, also, Commonwealth v. Davis, 433 Pa. 267 , 249 A. 2d 766 (1969); Commonwealth v. Johnson, 431 Pa. 522 , 246 A. 2d 345 (1968); Commonwealth v. Dennis, 427 Pa. 69 , 233 A. 2d 525 (1967).

1974However, the court may deny a hearing if the petitioner’s claim is patently frivolous and is without a trace of support either in the record or from other evidence submitted by the petitioner.” See, also, Commonwealth v. Davis, 433 Pa. 267 , 249 A. 2d 766 (1969); Commonwealth v. Johnson, 431 Pa. 522 , 246 A. 2d 345 (1968); Commonwealth v. Dennis, 427 Pa. 69 , 233 A. 2d 525 (1967).

11974–1974
Commonwealth v. Welch green
pa · 1967
2 sentences

1973Commonwealth v. Welch, 425 Pa. 591 , 229 A. 2d 737 (1967); Commonwealth v. Nahodil, 212 Pa. Superior Ct. 77 , 239 A. 2d 840 (1968).

1973Commonwealth v. Welch, 425 Pa. 591 , 229 A. 2d 737 (1967); Commonwealth v. Nahodil, 212 Pa. Superior Ct. 77 , 239 A. 2d 840 (1968).

11973–1973
Commonwealth v. Snyder green
pa · 1967
2 sentences

1970Commonwealth v. Snyder, 427 Pa. 83 , 233 A. 2d 530 (1967). (2) Allegations of fact, neither frivolous nor clearly controverted by the record, are sufficient for a hearing if they state a ground for relief.

1970Commonwealth v. Snyder, 427 Pa. 83 , 233 A. 2d 530 (1967). (2) Allegations of fact, neither frivolous nor clearly controverted by the record, are sufficient for a hearing if they state a ground for relief.

11970–1970

Where else courts name it

IL 16 (2012–2025) PA 11 (1970–2023) HI 8 (1995–2026) MS 5 (2007–2017) OH 3 (1994–1999) CO 3 (2014–2025) AK 2 (2007–2016)

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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