probation or parole violation (Pennsylvania) · Go Syfert
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probation or parole violation in Pennsylvania

11 Pennsylvania opinions name it 3 courts 1977–2026 2 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. Del Contegreen
pasuperct · 1980 · cited in 4 Pennsylvania opinions naming this issue, 1981–2026
2 sentences

2026“The purpose of [a Gagnon I] hearing will have been served by the preliminary hearing.” Id.; see also Commonwealth v. Del Conte, 419 A.2d 780 , 781 n.2 (Pa. Super. 1980) (stating that “[w]hen the probation or parole violation is based on the commission of a crime, a preliminary hearing may substitute for a Gagnon I hearing”).

2018The Davis Court explained that in such cases, “[t]he purpose of [the Gagnon I] hearing will have been served by the preliminary hearing.” Id. at 622-23 ; see also Commonwealth v. Del Conte, 419 A.2d 780 , 781 n.2 (Pa. Super. 1980) (“When the probation or parole violation is based on the commission of a crime, a preliminary hearing may substitute for a Gagnon I hearing.”) (citations omitted).

34
Bills v. Shulsengreen
utah · 1985 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Moody, 429 U.S. at 81 n.2; Bills v. Shulsen, 700 P.2d 317, 317-18 (Utah 1985). 5 Here, during all relevant times, Petitioner was subject to a term of probation imposed by a court in Virginia.

11
Moody v. Daggettgreen
scotus · 1976 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Moody, 429 U.S. at 81 n.2; Bills v. Shulsen, 700 P.2d 317, 317-18 (Utah 1985). 5 Here, during all relevant times, Petitioner was subject to a term of probation imposed by a court in Virginia.

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 (14)

CaseCitedYears
Commonwealth v. Holmes green
pasuperct · 1977
2 sentences

1983Commonwealth v. Holmes, 248 Pa.Super. 552 , 375 A.2d 379 (1977); Commonwealth v. Parker, 244 Pa.Super. 113 , 366 A.2d 941 (1976).” 2 .

1983Commonwealth v. Holmes, 248 Pa.Super. 552 , 375 A.2d 379 (1977); Commonwealth v. Parker, 244 Pa.Super. 113 , 366 A.2d 941 (1976).” 2 .

21980–1983
Commonwealth v. Parker green
pasuperct · 1976
2 sentences

1983Commonwealth v. Holmes, 248 Pa.Super. 552 , 375 A.2d 379 (1977); Commonwealth v. Parker, 244 Pa.Super. 113 , 366 A.2d 941 (1976).” 2 .

1983Commonwealth v. Holmes, 248 Pa.Super. 552 , 375 A.2d 379 (1977); Commonwealth v. Parker, 244 Pa.Super. 113 , 366 A.2d 941 (1976).” 2 .

21980–1983
George v. Beard green
pacommwct · 2003
1 sentence

2021George, 824 A.2d at 396 .

12021–2021
Commonwealth v. Clutter green
pasuperct · 1992
1 sentence

2019However, the IAD “is not applicable when the detainer is based on a probation or parole violation.” Clutter, 615 A.2d at 365-66 .

12019–2019
Commonwealth v. Davis green
pasuperct · 1975
1 sentence

2018The Davis Court explained that in such cases, “[t]he purpose of [the Gagnon I] hearing will have been served by the preliminary hearing.” Id. at 622-23 ; see also Commonwealth v. Del Conte, 419 A.2d 780 , 781 n.2 (Pa. Super. 1980) (“When the probation or parole violation is based on the commission of a crime, a preliminary hearing may substitute for a Gagnon I hearing.”) (citations omitted).

12018–2018
Commonwealth v. Ferguson green
pasuperct · 2000
1 sentence

2018Commonwealth v. Ferguson, 761 A.2d 613 (Pa. Super. 2000). -3- J-S79029-17 the stipulation, acknowledged the facts, waived his right to a formal probation violation hearing, and agreed that he would be sentenced as follows: AND NOW, this 18th day of November, 2016, in view of the attached, it is hereby ordered and directed that William Messick be found in violation of probation pursuant to the attached stipulation, probation be revoked, and he be re[]sentenced to five (5) years[’] probation, with the following agreed[-]upon special conditions: 1.

12018–2018
Martin v. Pennsylvania Board of Probation & Parole green
pa · 2003
1 sentence

2015Specifically, McLendon relies upon Martin v. Pennsylvania Board of Probation & Parole, 840 A.2d 299 (Pa. Super. 2003), and Baasit v. Pennsylvania Board of Probation & Parole, 90 A.3d 74 (Pa. Cmwlth. 2014).

12015–2015
Baasit v. Pennsylvania Board of Probation & Parole green
pacommwct · 2014
1 sentence

2015Specifically, McLendon relies upon Martin v. Pennsylvania Board of Probation & Parole, 840 A.2d 299 (Pa. Super. 2003), and Baasit v. Pennsylvania Board of Probation & Parole, 90 A.3d 74 (Pa. Cmwlth. 2014).

12015–2015
Carchman v. Nash green
scotus · 1985
2 sentences

1992However, in concluding that “the abuses that in part motivated adoption of the Agreement generally do not occur in the context of probation-violation detainers”, Carchman, 473 U.S. at 731 , 105 S.Ct. at 3409 , the Court stated the following: [ I]n general, the factual issue of guilt of the probation violation is conclusively established by the convictions leading to incarceration in the sending State.

1992However, in concluding that “the abuses that in part motivated adoption of the Agreement generally do not occur in the context of probation-violation detainers”, Carchman, 473 U.S. at 731 , 105 S.Ct. at 3409 , the Court stated the following: [ I]n general, the factual issue of guilt of the probation violation is conclusively established by the convictions leading to incarceration in the sending State.

11992–1992
Commonwealth v. Alexander green
pasuperct · 1974
2 sentences

1977Commonwealth v. Stratton, 235 Pa.Super. 566 , 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Super. 498 , 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Super. 57 , 331 A.2d 836 (1974).

1977Commonwealth v. Stratton, 235 Pa.Super. 566 , 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Super. 498 , 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Super. 57 , 331 A.2d 836 (1974).

11977–1977
Commonwealth v. Henderson green
pasuperct · 1975
2 sentences

1977Commonwealth v. Stratton, 235 Pa.Super. 566 , 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Super. 498 , 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Super. 57 , 331 A.2d 836 (1974).

1977Commonwealth v. Stratton, 235 Pa.Super. 566 , 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Super. 498 , 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Super. 57 , 331 A.2d 836 (1974).

11977–1977
Goldstein v. Goldstein green
pasuperct · 1975
2 sentences

1977Commonwealth v. Stratton, 235 Pa.Super. 566 , 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Super. 498 , 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Super. 57 , 331 A.2d 836 (1974).

1977Commonwealth v. Stratton, 235 Pa.Super. 566 , 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Super. 498 , 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Super. 57 , 331 A.2d 836 (1974).

11977–1977
Commonwealth v. Stratton green
pasuperct · 1975
2 sentences

1977Commonwealth v. Stratton, 235 Pa.Super. 566 , 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Super. 498 , 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Super. 57 , 331 A.2d 836 (1974).

1977Commonwealth v. Stratton, 235 Pa.Super. 566 , 344 A.2d 636 (1975); Commonwealth v. Henderson, 234 Pa.Super. 498 , 340 A.2d 483 (1975); Commonwealth v. Alexander, 232 Pa.Super. 57 , 331 A.2d 836 (1974).

11977–1977
Gagnon v. Scarpelli red
scotus · 1973
2 sentences

1977It is well established that Gagnon v. Scarpelli, 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1973) requires, inter alia, that written notice of the alleged probation or parole violation be furnished to the defendant prior to the revocation hearing.

1977It is well established that Gagnon v. Scarpelli, 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1973) requires, inter alia, that written notice of the alleged probation or parole violation be furnished to the defendant prior to the revocation hearing.

11977–1977

Where else courts name it

PA 11 (1977–2026) OH 3 (1974–2006)

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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