issue raised claim (Pennsylvania) · Go Syfert
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issue raised claim in Pennsylvania

10 Pennsylvania opinions name it 4 courts 1969–2021 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 (4)

CaseFollowedCited
Commonwealth v. DiClaudiogreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021On August 16, 2021, this Court entered an order informing the parties that the issue raised in the rule to show cause would be referred to the panel assigned to decide the merits of this appeal. “[T]he prisoner mailbox rule provides that a pro se prisoner’s document is deemed filed on the date he delivers it to prison authorities for mailing.” Commonwealth v. DiClaudio, 210 A.3d 1070 , 1074 (Pa. Super. 2019).

2021On August 16, 2021, this Court entered an order informing the parties that the issue raised in the rule to show cause would be referred to the panel assigned to decide the merits of this appeal. “[T]he prisoner mailbox rule provides that a pro se prisoner’s document is deemed filed on the date he delivers it to prison authorities for mailing.” Commonwealth v. DiClaudio, 210 A.3d 1070, 1074 (Pa. Super. 2019).

11
Commonwealth v. Capaldigreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019In his brief, Appellant presents two questions for our review; however, we must first address the apparent untimeliness of his notice of appeal, as we “lack jurisdiction to consider untimely appeals, and we may raise such jurisdictional issues sua sponte.” Commonwealth v. Capaldi, 112 A.3d 1242, 1244 (Pa. Super. 2015).

11
Commonwealth v. Fordgreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
2 sentences

2003Commonwealth v. Wallace, 555 Pa. 397 , 724 A.2d 916, 920-21 (1999) (refusing to apply relaxed waiver rule to capital case and concluding Court has no power to review claim that could have been raised on direct appeal under express terms of PCRA waiver provisions). ¶ 14 A "petitioner can avoid a finding of waiver under the PCRA by making a proper claim of ineffective assistance of counsel at his first available opportunity to do so." See Commonwealth v. Ford, 570 Pa. 378 , 809 A.2d 325, 344, n. 5 (2002) (indicating PCRA petitioner could overcome PCRA waiver rule by pleading and proving ineffect

2003Commonwealth v. Wallace, 555 Pa. 397 , 724 A.2d 916, 920-21 (1999) (refusing to apply relaxed waiver rule to capital case and concluding Court has no power to review claim that could have been raised on direct appeal under express terms of PCRA waiver provisions). ¶ 14 A "petitioner can avoid a finding of waiver under the PCRA by making a proper claim of ineffective assistance of counsel at his first available opportunity to do so." See Commonwealth v. Ford, 570 Pa. 378 , 809 A.2d 325, 344, n. 5 (2002) (indicating PCRA petitioner could overcome PCRA waiver rule by pleading and proving ineffect

11
Commonwealth v. Wallacegreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
2 sentences

2003Commonwealth v. Wallace, 555 Pa. 397 , 724 A.2d 916, 920-21 (1999) (refusing to apply relaxed waiver rule to capital case and concluding Court has no power to review claim that could have been raised on direct appeal under express terms of PCRA waiver provisions). ¶ 14 A "petitioner can avoid a finding of waiver under the PCRA by making a proper claim of ineffective assistance of counsel at his first available opportunity to do so." See Commonwealth v. Ford, 570 Pa. 378 , 809 A.2d 325, 344, n. 5 (2002) (indicating PCRA petitioner could overcome PCRA waiver rule by pleading and proving ineffect

2003Commonwealth v. Wallace, 555 Pa. 397 , 724 A.2d 916, 920-21 (1999) (refusing to apply relaxed waiver rule to capital case and concluding Court has no power to review claim that could have been raised on direct appeal under express terms of PCRA waiver provisions). ¶ 14 A "petitioner can avoid a finding of waiver under the PCRA by making a proper claim of ineffective assistance of counsel at his first available opportunity to do so." See Commonwealth v. Ford, 570 Pa. 378 , 809 A.2d 325, 344, n. 5 (2002) (indicating PCRA petitioner could overcome PCRA waiver rule by pleading and proving ineffect

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
Vaccone v. Syken green
pa · 2006
2 sentences

2015Attorney Maher, through Father, contends that this Court’s decision in Vertical Resources, Inc., v. Bramlett, 887 A.2d. 1193 (Pa.Super.2003) and our Supreme Court’s decision in Vaccone v. Syken, 587 Pa. 380 , 899 A.2d 1103 (2006), support his claim that precluded counsel may continue to advocate on appeal.

2015Attorney Maher, through Father, contends that this Court’s decision in Vertical Resources, Inc., v. Bramlett, 887 A.2d. 1193 (Pa.Super.2003) and our Supreme Court’s decision in Vaccone v. Syken, 587 Pa. 380 , 899 A.2d 1103 (2006), support his claim that precluded counsel may continue to advocate on appeal.

32015–2015
Vertical Resources, Inc. v. Bramlett green
pasuperct · 2003
1 sentence

2015Attorney Maher, through Father, contends that this Court’s decision in Vertical Resources Inc., v. Bramblett, 837 A.2d 1193 (Pa. Super. 2003) and our Supreme Court’s decision in Vaccone v. Syken, 899 A.2d 1103 (Pa. 2006), support his claim that precluded counsel may continue to advocate on appeal.

12015–2015
Com. v. Young neutral
pasuperct · 2005
1 sentence

2007See, generally: Commonwealth v. Young, 903 A.2d 56 , 1379 EDA 2005, unpublished memorandum at pp. 12-14 (Pa.Super. filed May 16, 2005).

12007–2007
McRoberts Estate neutral
pasuperct · 1945
2 sentences

1987The Superior Court held in In re McRoberts Estate that where there was no appeal from an order dismissing an exception, the issue raised by the exception was conclusively adjudicated: 158 Pa.Super. 89 , 43 A.2d 910 (1945).

1987The Superior Court held in In re McRoberts Estate that where there was no appeal from an order dismissing an exception, the issue raised by the exception was conclusively adjudicated: 158 Pa.Super. 89 , 43 A.2d 910 (1945).

11987–1987
Moidel v. Peoples Natural Gas Co. green
pa · 1959
2 sentences

1983Unlike Boudwin v. Yellow Cab Co., 410 Pa. 31 , 188 A.2d 259 (1963), Lobalzo v. Varoli, 409 Pa. 15 , 185 A.2d 557 (1962), and Moidel v. Peoples Natural Gas Company, 397 Pa. 212 , 154 A.2d 399 (1959), the three cases cited by appellants in their brief to support their argument that evidence of insurance coverage is inadmissible, the cause of action between the parties did not arise out of a bailment or some other contractual relationship.

1983Unlike Boudwin v. Yellow Cab Co., 410 Pa. 31 , 188 A.2d 259 (1963), Lobalzo v. Varoli, 409 Pa. 15 , 185 A.2d 557 (1962), and Moidel v. Peoples Natural Gas Company, 397 Pa. 212 , 154 A.2d 399 (1959), the three cases cited by appellants in their brief to support their argument that evidence of insurance coverage is inadmissible, the cause of action between the parties did not arise out of a bailment or some other contractual relationship.

11983–1983
Boudwin v. Yellow Cab Co. green
pa · 1963
2 sentences

1983Unlike Boudwin v. Yellow Cab Co., 410 Pa. 31 , 188 A.2d 259 (1963), Lobalzo v. Varoli, 409 Pa. 15 , 185 A.2d 557 (1962), and Moidel v. Peoples Natural Gas Company, 397 Pa. 212 , 154 A.2d 399 (1959), the three cases cited by appellants in their brief to support their argument that evidence of insurance coverage is inadmissible, the cause of action between the parties did not arise out of a bailment or some other contractual relationship.

1983Unlike Boudwin v. Yellow Cab Co., 410 Pa. 31 , 188 A.2d 259 (1963), Lobalzo v. Varoli, 409 Pa. 15 , 185 A.2d 557 (1962), and Moidel v. Peoples Natural Gas Company, 397 Pa. 212 , 154 A.2d 399 (1959), the three cases cited by appellants in their brief to support their argument that evidence of insurance coverage is inadmissible, the cause of action between the parties did not arise out of a bailment or some other contractual relationship.

11983–1983
Lobalzo v. Varoli green
pa · 1962
2 sentences

1983Unlike Boudwin v. Yellow Cab Co., 410 Pa. 31 , 188 A.2d 259 (1963), Lobalzo v. Varoli, 409 Pa. 15 , 185 A.2d 557 (1962), and Moidel v. Peoples Natural Gas Company, 397 Pa. 212 , 154 A.2d 399 (1959), the three cases cited by appellants in their brief to support their argument that evidence of insurance coverage is inadmissible, the cause of action between the parties did not arise out of a bailment or some other contractual relationship.

1983Unlike Boudwin v. Yellow Cab Co., 410 Pa. 31 , 188 A.2d 259 (1963), Lobalzo v. Varoli, 409 Pa. 15 , 185 A.2d 557 (1962), and Moidel v. Peoples Natural Gas Company, 397 Pa. 212 , 154 A.2d 399 (1959), the three cases cited by appellants in their brief to support their argument that evidence of insurance coverage is inadmissible, the cause of action between the parties did not arise out of a bailment or some other contractual relationship.

11983–1983
Commonwealth v. Davidson neutral
pa · 1963
1 sentence

1969The issue raised in exception no. 5 has already been decided adversely to defendant in Commonwealth v. Ressler, supra, where we held, on the authority of Commonwealth v. Davidson, 412 Pa. 279 (1963), that the transcript need not affirmatively show that the magistrate is the nearest available one where, as here, the transcript shows that defendant was brought before a justice of the peace in the same township as the situs of the offense.

11969–1969

Statutes the citing opinions construe

PA § 23 Pa. Cons. Stat. § 5328 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MO 22 (1981–2023) LA 14 (1939–2015) CA 10 (1894–2021) PA 10 (1969–2021) MD 8 (1972–2017) IL 8 (1906–2019) NY 7 (1913–2020) CT 7 (1986–2017) MI 6 (1975–2018) SC 5 (1935–2010) FL 5 (1973–2022) NC 4 (1906–2024) AK 4 (1976–1982) KY 4 (1935–2024) MA 3 (1985–2011) OH 3 (2017–2024) NM 3 (1977–1994) DC 3 (1948–1986) GA 3 (1897–2013) MS 2 (1990–2008) TX 2 (2007–2018) ME 2 (1938–1940) NJ 2 (1978–1984)

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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