issue at the suppression hearing (Pennsylvania) · Go Syfert
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issue at the suppression hearing in Pennsylvania

10 Pennsylvania opinions name it 2 courts 1975–2025 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 (5)

CaseFollowedCited
Commonwealth v. Spotzgreen
pa · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023“Counsel will not be deemed ineffective for failing to raise a meritless claim.” Com[monwealth] v. Spotz, 896 A.2d 1191, 1210 ([Pa.] 2006) (citing Commonwealth v. Tilley, 780 A.2d 649 ([Pa.] 2001)).

11
Commonwealth v. Yorkgreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See also Commonwealth v. Williams, 980 A.2d 667, 671 (Pa. Super. 2009) (argument waived where the appellant does not “even allege that he raised the issue at the suppression hearing”); Commonwealth v. York, 465 A.2d 1028, 1032 (Pa. Super. 1983) (citation omitted) (“[A] new and different theory of relief may not be successfully advanced for the first time on appeal.”).

11
Commonwealth v. Williamsgreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See also Commonwealth v. Williams, 980 A.2d 667, 671 (Pa. Super. 2009) (argument waived where the appellant does not “even allege that he raised the issue at the suppression hearing”); Commonwealth v. York, 465 A.2d 1028, 1032 (Pa. Super. 1983) (citation omitted) (“[A] new and different theory of relief may not be successfully advanced for the first time on appeal.”).

11
Commonwealth v. Freemangreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Commonwealth v. Freeman, 128 A.3d 1231, 1242 (Pa. Super. 2015) (deeming issue waived, in part, because “when the trial court asked [the appellant] to state his basis for requesting suppression on the record at the commencement of the suppression hearing, [the appellant] did not raise such an argument”) (citation omitted); Commonwealth v. Bartee, 868 A.2d 1218 , 1221 n.6 (Pa. Super. 2005) (finding waiver, in part, where the appellant presented no - 12 - J-S39010-17 argument on the issue at the suppression hearing).

11
Commonwealth v. Levanduskigreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
1 sentence

2013See Levanduski, supra.

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 (8)

CaseCitedYears
Wilson v. Transport Ins. Co. green
pasuperct · 2005
1 sentence

2025Co., 889 A.2d 563 , 577 n.4 (Pa. Super. 2005) (citations omitted). - 10 - J-S48040-24 Finally, we address Appellant’s argument that his detention after the gun was found was illegal under Hicks. “[T]he Commonwealth notes that [Appellant] never raised this issue at the suppression hearing before the trial court.” Commonwealth’s Brief at 11.

12025–2025
Commonwealth v. Tilley green
pa · 2001
1 sentence

2023“Counsel will not be deemed ineffective for failing to raise a meritless claim.” Com[monwealth] v. Spotz, 896 A.2d 1191, 1210 ([Pa.] 2006) (citing Commonwealth v. Tilley, 780 A.2d 649 ([Pa.] 2001)).

12023–2023
Commonwealth v. Bartee green
pasuperct · 2005
1 sentence

2017See Commonwealth v. Freeman, 128 A.3d 1231, 1242 (Pa. Super. 2015) (deeming issue waived, in part, because “when the trial court asked [the appellant] to state his basis for requesting suppression on the record at the commencement of the suppression hearing, [the appellant] did not raise such an argument”) (citation omitted); Commonwealth v. Bartee, 868 A.2d 1218 , 1221 n.6 (Pa. Super. 2005) (finding waiver, in part, where the appellant presented no - 12 - J-S39010-17 argument on the issue at the suppression hearing).

12017–2017
Payton v. New York green
scotus · 1980
1 sentence

2014Id. 3 Wright misconstrues our holding in his direct appeal.

12014–2014
Commonwealth v. Hawkins green
pa · 1998
1 sentence

2014Further, in Commonwealth v. Hawkins, 718 A.2d 265 , 268 n.3 (Pa. 1998), our Supreme Court stated, e, however, our cases place the burden squarely upon the defendant seeking suppression to establish a legitimate expectation of privacy as an Commonwealth did not waive this position in neglecting to raise the issue at the suppression hearing. -5- J-A09007-14 the suppression court, Appellee met three of the four standing factors and therefore had an expectation of privacy in the area searched.

12014–2014
Commonwealth v. Gribble green
pa · 1997
2 sentences

1999Id.

1999Id.

11999–1999
Commonwealth v. Sopota green
pasuperct · 1991
2 sentences

1997Cf. Commonwealth v. Sopota, 403 Pa.Super. 1 , 587 A.2d 805 (1991) (en banc) (when the trial court elects to address an issue on its merits, we will not deem the issue waived on appeal). .

1997Cf. Commonwealth v. Sopota, 403 Pa.Super. 1 , 587 A.2d 805 (1991) (en banc) (when the trial court elects to address an issue on its merits, we will not deem the issue waived on appeal). .

11997–1997
Commonwealth v. Futch green
pa · 1972
2 sentences

1975However, 'appellant failed to raise this issue at the suppression hearing which occurred six months after the announcement of our decision in Commonwealth v. Futch, 447 Pa. 389 , 290 A.2d 417 (1972).

1975However, 'appellant failed to raise this issue at the suppression hearing which occurred six months after the announcement of our decision in Commonwealth v. Futch, 447 Pa. 389 , 290 A.2d 417 (1972).

11975–1975

Where else courts name it

NY 11 (1977–2021) PA 10 (1975–2025) TX 5 (1997–2024) OH 3 (2004–2023) MD 3 (2012–2026) MA 2 (2001–2019)

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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