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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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Del Contegreen2 sentences2026“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). | 3 | 4 |
Bills v. Shulsengreen1 sentence2019See 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. | 1 | 1 |
Moody v. Daggettgreen1 sentence2019See 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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Holmes
green
2 sentences1983Commonwealth 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 . | 2 | 1980–1983 |
Commonwealth v. Parker
green
2 sentences1983Commonwealth 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 . | 2 | 1980–1983 |
George v. Beard
green
1 sentence2021George, 824 A.2d at 396 . | 1 | 2021–2021 |
Commonwealth v. Clutter
green
1 sentence2019However, the IAD “is not applicable when the detainer is based on a probation or parole violation.” Clutter, 615 A.2d at 365-66 . | 1 | 2019–2019 |
Commonwealth v. Davis
green
1 sentence2018The 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). | 1 | 2018–2018 |
Commonwealth v. Ferguson
green
1 sentence2018Commonwealth 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. | 1 | 2018–2018 |
Martin v. Pennsylvania Board of Probation & Parole
green
1 sentence2015Specifically, 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). | 1 | 2015–2015 |
Baasit v. Pennsylvania Board of Probation & Parole
green
1 sentence2015Specifically, 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). | 1 | 2015–2015 |
Carchman v. Nash
green
2 sentences1992However, 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. | 1 | 1992–1992 |
Commonwealth v. Alexander
green
2 sentences1977Commonwealth 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). | 1 | 1977–1977 |
Commonwealth v. Henderson
green
2 sentences1977Commonwealth 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). | 1 | 1977–1977 |
Goldstein v. Goldstein
green
2 sentences1977Commonwealth 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). | 1 | 1977–1977 |
Commonwealth v. Stratton
green
2 sentences1977Commonwealth 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). | 1 | 1977–1977 |
Gagnon v. Scarpelli
red
2 sentences1977It 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. | 1 | 1977–1977 |
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.