Lark test (Pennsylvania) · Go Syfert
← Pennsylvania issues

Lark test in Pennsylvania

10 Pennsylvania opinions name it 3 courts 1997–2023 3 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 (8)

CaseFollowedCited
Commonwealth v. Larkgreen
pa · 1988 · cited in 4 Pennsylvania opinions naming this issue, 2005–2021
2 sentences

2021Collins, 703 A.2d at 422 (quoting Commonwealth v. Lark, 543 A.2d 491 , 496-97 (Pa. 1988) for what has become known as “the Lark test”).

2021Collins, 703 A.2d at 422 (quoting Commonwealth v. Lark, 543 A.2d 491 , 496-97 (Pa. 1988) for what has become known as “the Lark test”).

24
Commonwealth v. Collinsgreen
pa · 1997 · cited in 3 Pennsylvania opinions naming this issue, 2005–2021
2 sentences

2021Collins, 703 A.2d at 422 (quoting Commonwealth v. Lark, 543 A.2d 491 , 496-97 (Pa. 1988) for what has become known as “the Lark test”).

2021Collins, 703 A.2d at 422 (quoting Commonwealth v. Lark, 543 A.2d 491 , 496-97 (Pa. 1988) for what has become known as “the Lark test”).

13
Com. of Pa. v. Montgomerygreen
pasuperct · 2018 · cited in 2 Pennsylvania opinions naming this issue, 2022–2023
2 sentences

2023In Commonwealth v. Montgomery, 181 A.3d 359 (Pa. Super. 2018), this Court clarified that the Lark rule — precluding consideration of a subsequent PCRA petition — applied only when a prior PCRA petition had been disposed of by the lower court and an appeal has been filed or could still be timely filed.

2023In Commonwealth v. Montgomery, 181 A.3d 359 (Pa. Super. 2018), this Court clarified that the Lark rule — precluding consideration of a subsequent PCRA petition — applied only when a prior PCRA petition had been disposed of by the lower court and an appeal has been filed or could still be timely filed.

12
Commonwealth v. Ballancegreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019See Ballance, 203 A.3d at 1032-1033 (opining that where petitioner’s one-year time frame to file PCRA petition begins prior to the filing of an untimely direct appeal, petitioner must withdraw the direct appeal before filing PCRA petition).

2019See Ballance, 203 A.3d at 1032-1033 (opining that where petitioner’s one-year time frame to file PCRA petition begins prior to the filing of an untimely direct appeal, petitioner must withdraw the direct appeal before filing PCRA petition).

11
Commonwealth v. Spotzgreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015“The scope of review is limited to the findings of the PCRA court and the evidence of record, viewed in the light most favorable to the prevailing party at the trial level.” Commonwealth v. Spotz, 84 A.3d 294, 311 (Pa. 2014) (citation omitted).

11
Commonwealth v. Fearsgreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Based on these considerations, we conclude that Lark’s rule is not implicated in this case, as when the instant PCRA petition was filed on October 28, 2014, Appellant did not have any PCRA appeals pending in this Court. 4 Appellant and the PCRA court have complied with Pennsylvania Rule of Appellate Procedure 1925. -4- J-S42027-15 determination is supported by the record and free of legal error.” Commonwealth v. Fears, 86 A.3d 795, 803 (Pa. 2014) (internal quotation marks and citation omitted).

11
Commonwealth v. Morrisgreen
pa · 1981 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014See Morris, 425 A.2d at 718 (holding that the decision to consolidate rests solely in the discretion of the trial court and that reversal requires a showing of prejudice).

2014See Morris, 425 A.2d at 718 (holding that the decision to consolidate rests solely in the discretion of the trial court and that reversal requires a showing of prejudice).

11
Ross v. Foremost Insurancegreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
1 sentence

2013See, e.g., Ross v. Foremost Insurance Co., 998 A.2d 648, 656, n. 7 (Pa.Super.2010). .

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 (2)

CaseCitedYears
Commonwealth v. Peterson green
pa · 1973
2 sentences

2010A matter of final interest regarding this prong of the Lark test is the holding of the Pennsylvania Supreme Court in Commonwealth v. Peterson, 453 Pa. 187 , 307 A.2d 264 (1973).

2010A matter of final interest regarding this prong of the Lark test is the holding of the Pennsylvania Supreme Court in Commonwealth v. Peterson, 453 Pa. 187 , 307 A.2d 264 (1973).

12010–2010
Commonwealth v. Crawley green
pa · 1987
2 sentences

1997It is, in addition, without merit, since Commonwealth v. Crawley, 514 Pa. 539 , 526 A.2d 334 (1987), which requires such a colloquy, is applied prospectively, and is, therefore, inapplicable to the trial in this case.

1997It is, in addition, without merit, since Commonwealth v. Crawley, 514 Pa. 539 , 526 A.2d 334 (1987), which requires such a colloquy, is applied prospectively, and is, therefore, inapplicable to the trial in this case.

11997–1997

← Caselaw search · G Cite Topics · Brief Check