substantive merits claim (Pennsylvania) · Go Syfert
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substantive merits claim in Pennsylvania

9 Pennsylvania opinions name it 2 courts 2001–2025 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 (3)

CaseFollowedCited
Commonwealth v. Luketicgreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025Commonwealth v. Luketic, 162 A.3d 1149, 1160 (Pa.Super. 2017).

11
Commonwealth v. Battersongreen
pasuperct · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See Commonwealth v. Batterson, 601 A.2d 335, 336-37 (Pa. Super. 1992) (challenge to weapon enhancement waived “because it has been raised for the first time on appeal and was not preserved in the lower court via a motion to modify sentence.”).

11
Commonwealth v. Williamsgreen
pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001
2 sentences

2001Williams, 782 A.2d at 525 & n. 5 (“[w]e make no suggestion here that there should be a relaxation of the substantive Sixth Amendment standard.”); see also id. at 527 (Zappala, J., concurring) (Marrero merely expressed view that boilerplate assertion of ineffectiveness is sufficient to overcome waiver, but did not set forth how such claims should be developed); id. at 534 (Castille, J., concurring) (noting distinction between waiver under PCRA and waiver as question of appellate jurisprudence, and noting separate question of substantive standards for analyzing claims of ineffective assistance).

2001Williams, 782 A.2d at 525 & n. 5 (“[w]e make no suggestion here that there should be a relaxation of the substantive Sixth Amendment standard.”); see also id. at 527 (Zappala, J., concurring) (Marrero merely expressed view that boilerplate assertion of ineffectiveness is sufficient to overcome waiver, but did not set forth how such claims should be developed); id. at 534 (Castille, J., concurring) (noting distinction between waiver under PCRA and waiver as question of appellate jurisprudence, and noting separate question of substantive standards for analyzing claims of ineffective assistance).

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 (4)

CaseCitedYears
Commonwealth v. Colon green
pasuperct · 2014
2 sentences

2019Colon, 102 A.3d at 1043 .

2019Colon , 102 A.3d at 1043 .

32018–2019
Commonwealth v. Derrickson green
pasuperct · 2007
1 sentence

2024Because Benjamin’s second petition was untimely, however, the PCRA court lacked jurisdiction to consider its merits.4 Derrickson, supra. ____________________________________________ 3 Because the thirtieth day fell on a Saturday, Benjamin had until the following Monday to file a timely PCRA petition.

12024–2024
Commonwealth v. Dennis green
pa · 2004
1 sentence

2018Dennis, 859 A.2d at 1275 .

12018–2018
Semtek International Inc. v. Lockheed Martin Corp. green
scotus · 2001
2 sentences

2017As the U.S. Supreme Court explained- in Semtek-. “the traditional rule is that expiration of the applicable ■ statute of limitations merely bars the remedy and does not extinguish the substantive right, so that dismissal on that ground does not have claim-preclusive effect in other jurisdictions with longer, unexpired limitations periods.” 531 U.S. at 504 , 121 S.Ct. 1021 .

2017As the U.S. Supreme Court explained- in Semtek-. “the traditional rule is that expiration of the applicable ■ statute of limitations merely bars the remedy and does not extinguish the substantive right, so that dismissal on that ground does not have claim-preclusive effect in other jurisdictions with longer, unexpired limitations periods.” 531 U.S. at 504 , 121 S.Ct. 1021 .

12017–2017

Where else courts name it

MI 68 (1973–2026) CA 14 (1984–2026) PA 9 (2001–2025) TN 6 (2005–2019) IL 4 (2004–2021) NY 4 (1980–2011) MA 3 (2002–2019) NJ 2 (1991–1995) ME 2 (2020–2024) SD 2 (2022–2026) WV 2 (1979–1979) CT 2 (1988–1990) TX 2 (1998–1998) AL 2 (2001–2001) MS 2 (1991–2003) DE 2 (2007–2024)

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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