petitioner must raise claim (Pennsylvania) · Go Syfert
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petitioner must raise claim in Pennsylvania

9 Pennsylvania opinions name it 1 courts 2020–2023 6 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 (6)

CaseFollowedCited
Commonwealth, Aplt v. Descaresgreen
pa · 2016 · cited in 4 Pennsylvania opinions naming this issue, 2020–2021
2 sentences

2021See Commonwealth v. Descardes, 136 A.3d 493, 495-96 (Pa. 2016).

2020See -6- J-S11002-20 Commonwealth v. Descardes, 136 A.3d 493, 497 (Pa. 2016).

44
Commonwealth v. Wattsgreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Our Supreme Court has held “that subsequent decisional law does not amount to a new “fact” under section 9545(b)(1)(ii) of the PCRA.” See Commonwealth v. Watts, 23 A.3d 980, 986-87 (Pa. 2011) (explaining that subsection (b)(1)(ii) “applies only if the petitioner has uncovered facts that could not have been ascertained through due diligence, and judicial determinations are not facts.”).

11
Brady v. Marylandgreen
scotus · 1963 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Act 2018, Oct. 24, P.L. 894, No. 146, § 3. 2 Brady v. Maryland, 373 U.S. 83 (1963). -6- J-S33033-21 Here, McKeithan’s claim under the governmental interference time-bar fails.

11
Commonwealth v. Abu-Jamalgreen
pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Act 2018, Oct. 24, P.L. 894, No. 146, § 3. -7- J-S33033-21 Commonwealth v. Abu-Jamal, 941 A.2d 1263,1268 (Pa. 2008).

11
Commonwealth v. Petersongreen
pa · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See 42 Pa.C.S.A. § 9545(b)(2); Act 2018, Oct. 24, P.L. 894, No. 146, § 3.4 Here, even assuming Lilly’s allegation of PCRA counsel’s ineffectiveness per se holds water and that the one-year period applies – issues we do not reach – Lilly has not claimed that he exercised due diligence in discovering ____________________________________________ 3 See, e.g., Peterson , 192 A.3d at 1126, 1130-31, 1132 (finding second PCRA petition timely under newly-discovered facts exception where petitioner filed it within 60 days after this Court determined his PCRA counsel had filed his first petition one day

11
Commonwealth v. Conwaygreen
pasuperct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021In the instant case, Appellant’s judgment of sentence became final on November 20, 2014, when he voluntarily discontinued his appeal. 12 See Commonwealth v. Conway, 706 A.2d 1243, 1244 (Pa. Super. 1997) (judgment of sentence becomes final upon an appellant’s request to discontinue an appeal).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9545 (3) PA § 42 Pa. Cons. Stat. § 9799.11 (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.

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