time the alleged error (Pennsylvania) · Go Syfert
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time the alleged error in Pennsylvania

9 Pennsylvania opinions name it 3 courts 1968–2022 2 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 (2)

CaseFollowedCited
Cauthorn v. Owens Corning Fiberglas Corp.green
pasuperct · 2004 · cited in 2 Pennsylvania opinions naming this issue, 2021–2022
2 sentences

2022Cauthorn v. Owens Corning Fiberglas Corp., 840 A.2d 1028, 1033-34 (Pa. Super. 2004).

2021Cauthorn v. Owens Corning Fiberglas Corp., 840 A.2d 1028 , 1033–34 (Pa.Super. 2004).

12
Commonwealth v. Strunkgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Pa.R.A.P. 302(a) (stating, “[i]ssues not raised in the [trial] court are waived and cannot be raised for the first time on appeal”); see also Commonwealth v. Strunk, 953 A.2d 577, 579 (Pa. Super. 2008) (stating, “trial judges must be given an opportunity to correct errors at the time they are made.

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 (5)

CaseCitedYears
Carnicelli v. Bartram green
pasuperct · 1981
2 sentences

1984Furthermore, to permit the trial court to make its own selection of reasons for granting a new trial, and then allocate those reasons under the rubric -that the verdict was “against the law” or “against -the evidence,” would permit the court to grant a new trial for •a reason that counsel would have been prevented from raising in -the motion for a new trial because at the time the alleged error occurred, no objection was made. 289 Pa. Superior Ct. at 430 , 433 A.2d at 881 .

1984Furthermore, to permit the trial court to make its own selection of reasons for granting a new trial, and then allocate those reasons under the rubric -that the verdict was “against the law” or “against -the evidence,” would permit the court to grant a new trial for •a reason that counsel would have been prevented from raising in -the motion for a new trial because at the time the alleged error occurred, no objection was made. 289 Pa. Superior Ct. at 430 , 433 A.2d at 881 .

21984–2004
Commonwealth Ex Rel. Mullins v. Maroney green
pa · 1968
2 sentences

1972In Mullins, we also made it clear that unless “the record clearly shows that a defendant is informed of, or is cognizant of, his right to the assistance of counsel at the time of plea or trial and expressly declines such assistance, . . . the burden is upon the Commonwealth to establish that the defendant was fully aware of his rights at the time the alleged waiver occurred.” Id. at 199 , 236 A. 2d at 784 .

1972In Mullins, we also made it clear that unless “the record clearly shows that a defendant is informed of, or is cognizant of, his right to the assistance of counsel at the time of plea or trial and expressly declines such assistance, . . . the burden is upon the Commonwealth to establish that the defendant was fully aware of his rights at the time the alleged waiver occurred.” Id. at 199 , 236 A. 2d at 784 .

21968–1972
Commonwealth v. Jones green
pa · 1979
2 sentences

1985Commonwealth v. Jones, 487 Pa. 183 , 409 A.2d 25 (1979); Commonwealth v. Clair, 458 Pa. 418 , 326 A.2d 272 (1974).

1985Commonwealth v. Jones, 487 Pa. 183 , 409 A.2d 25 (1979); Commonwealth v. Clair, 458 Pa. 418 , 326 A.2d 272 (1974).

11985–1985
Commonwealth v. Clair green
pa · 1974
2 sentences

1985Commonwealth v. Jones, 487 Pa. 183 , 409 A.2d 25 (1979); Commonwealth v. Clair, 458 Pa. 418 , 326 A.2d 272 (1974).

1985Commonwealth v. Jones, 487 Pa. 183 , 409 A.2d 25 (1979); Commonwealth v. Clair, 458 Pa. 418 , 326 A.2d 272 (1974).

11985–1985
Commonwealth v. Mumford green
pa · 1968
2 sentences

1975Under the PCHA, “waiver may be 'presumed only when the petitioner had counsel at the time the alleged waiver occurred.” Commonwealth v. Mumford, 430 Pa. 451, 455 , 243 A. 2d 440 (1968).

1975Under the PCHA, “waiver may be 'presumed only when the petitioner had counsel at the time the alleged waiver occurred.” Commonwealth v. Mumford, 430 Pa. 451, 455 , 243 A. 2d 440 (1968).

11975–1975

Where else courts name it

UT 73 (2004–2026) OH 15 (1986–2024) MO 12 (1892–2013) SD 11 (1994–2000) ND 9 (2002–2023) PA 9 (1968–2022) IL 4 (1994–2023) FL 4 (2001–2025) DC 4 (2009–2024) OK 4 (1985–2020) AR 3 (1990–2009) NJ 2 (1999–2002) WA 2 (2007–2008) GA 2 (1993–2021) NC 2 (1970–2004)

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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