Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 Pennsylvania opinions name it 2 courts 1980–2019 0 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. Mallorygreen2 sentences2016Id. at 698. 2016Id. at 698. | 3 | 3 |
Commonwealth v. Spotzgreen2 sentences2019Additionally, “when a petitioner claims ineffective assistance of counsel based on a failure to object to an allegedly defective waiver colloquy, the claim must be analyzed like any other ineffectiveness claim.” Commonwealth v. Spotz, 18 A.3d 244, 263 (Pa. 2011). 2015“When a petitioner claims ineffective assistance of counsel based on a failure to object to an allegedly defective waiver colloquy, … [t]o establish prejudice, the petitioner must demonstrate a reasonable probability that but for counsel’s ineffectiveness, he would not have waived the right at issue.” Spotz, 18 A.3d at 263-64 . | 2 | 3 |
Commonwealth v. Saundersgreen2 sentences1997Our review of this allegedly defective instruction reveals that, in harmony with prior caselaw, the instruction served to inform “the jury that the alibi evidence, either by itself or together with other evidence, could raise a reasonable doubt as to the defendant’s guilt.” Commonwealth v. Saunders, 529 Pa. 140, 145 , 602 A.2d 816, 818 (1992) (while an alibi instruction containing 'the express language “even if not wholly believed” may be proper, it is not a necessary pre-requisite to a finding that a charge was accurate and proper). 1997Our review of this allegedly defective instruction reveals that, in harmony with prior caselaw, the instruction served to inform “the jury that the alibi evidence, either by itself or together with other evidence, could raise a reasonable doubt as to the defendant’s guilt.” Commonwealth v. Saunders, 529 Pa. 140, 145 , 602 A.2d 816, 818 (1992) (while an alibi instruction containing 'the express language “even if not wholly believed” may be proper, it is not a necessary pre-requisite to a finding that a charge was accurate and proper). | 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. Rodgers
green
2 sentences1995Reading the instruction as a whole, and not with judicial blinders, Commonwealth v. Rodgers, 459 Pa. 129 , 327 A.2d 118 (1974), we conclude that the jury, in fact, was advised of the elemental aspects of the offense of Section 5504(a)(1) and no error was committed in regard thereto. 1995Reading the instruction as a whole, and not with judicial blinders, Commonwealth v. Rodgers, 459 Pa. 129 , 327 A.2d 118 (1974), we conclude that the jury, in fact, was advised of the elemental aspects of the offense of Section 5504(a)(1) and no error was committed in regard thereto. | 1 | 1995–1995 |
Commonwealth v. Dancer
green
2 sentences1980For reasons stated herein, the case is remanded for an evidentiary hearing to determine whether counsel’s failure to seek recusal of the trial judge, under the circumstances of the case, was proper and designed to effectuate his client’s best interests, the standard for effective representation set forth in the leading case, Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435 (1975). *469 The facts of the case are undisputed. 1980For reasons stated herein, the case is remanded for an evidentiary hearing to determine whether counsel’s failure to seek recusal of the trial judge, under the circumstances of the case, was proper and designed to effectuate his client’s best interests, the standard for effective representation set forth in the leading case, Commonwealth v. Dancer, 460 Pa. 95 , 331 A.2d 435 (1975). *469 The facts of the case are undisputed. | 1 | 1980–1980 |
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.