bounds issue (Pennsylvania) · Go Syfert
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bounds issue in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1978–2023 1 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
Lewis v. Caseygreen
scotus · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
2 sentences

2023To establish a Bounds violation, an inmate must show an “actual injury” by showing that the denial or “alleged shortcomings in the library or legal assistance program hindered his efforts to pursue a legal claim.” Lewis v. Casey, 518 U.S. 343, 351 (1996).

2023To establish a Bounds violation, an inmate must show an “actual injury” by showing that the denial or “alleged shortcomings in the library or legal assistance program hindered his efforts to pursue a legal claim.” Lewis v. Casey, 518 U.S. 343, 351 (1996).

11
Commonwealth v. Matronigreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Indeed, “[t]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Commonwealth v. Matroni, 923 A.2d 444, 455 (Pa. Super. 2007). -4- J-S44032-15 sentence motion.” (emphasis added)); see also Commonwealth v. Smith, 563 A.2d 905, 906 (Pa. Super. 1989) (“When [a post-sentence] motion is not timely filed, the issues presented in the untimely motion are deemed waived.”).

11
Commonwealth v. Smithgreen
pa · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Indeed, “[t]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Commonwealth v. Matroni, 923 A.2d 444, 455 (Pa. Super. 2007). -4- J-S44032-15 sentence motion.” (emphasis added)); see also Commonwealth v. Smith, 563 A.2d 905, 906 (Pa. Super. 1989) (“When [a post-sentence] motion is not timely filed, the issues presented in the untimely motion are deemed waived.”).

11
Commonwealth v. Shellergreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Thus, Bounds’ post-sentence motion was untimely and he has failed to preserve his discretionary aspects challenge for our review.4 See Commonwealth v. Sheller, 961 A.2d 187, 189 (Pa. Super. 2008) (“To properly preserve the discretionary aspects of sentencing for appellate review, the issue must be raised during sentencing or in a timely post- ____________________________________________ 4 Moreover, we observe that had Bounds’ claim been properly preserved, it is without merit.

11
Spragg v. Shore Caregreen
njsuperctappdiv · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
1 sentence

2000See id. at 81 , 637 A.2d at 993 .

11
Nigro v. Remington Arms Co., Inc.green
pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
1 sentence

2000See id. at 81 , 637 A.2d at 993 .

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
Peterkin v. Jeffes green
ca3 · 1988
2 sentences

1992While we agree that Johnston’s claims may be actionable, we have previously held that where a claim implicates the “core” Bounds issue of denial of access to the courts, “ ‘an actual injury necessarily occurs by virtue of a prison’s failure to provide the level of assistance required under Bounds’ ” Shoats v. Department of Corrections, 139 Pa.Commonwealth *104 Ct. 607, 591 A.2d 326 (1991) (citing Peterkin v. Jeffes, 855 F.2d 1021 (3rd Cir.1988)).

1991Peterkin v. Jeffes, 855 F.2d 1021 (3rd Cir.1988).

31991–1992
Shoats v. COM'R, PA. DEPT. OF CORR. green
pacommwct · 1991
1 sentence

1992While we agree that Johnston’s claims may be actionable, we have previously held that where a claim implicates the “core” Bounds issue of denial of access to the courts, “ ‘an actual injury necessarily occurs by virtue of a prison’s failure to provide the level of assistance required under Bounds’ ” Shoats v. Department of Corrections, 139 Pa.Commonwealth *104 Ct. 607, 591 A.2d 326 (1991) (citing Peterkin v. Jeffes, 855 F.2d 1021 (3rd Cir.1988)).

11992–1992
Grutski v. Kline green
pa · 1945
2 sentences

1989In Grutski v. Kline, 352 Pa. 401 , 43 A.2d 142 (1945), the Supreme Court established that impeachment of an expert witness by demonstrating *350 partiality to the party for whom the expert is testifying is permissible.

1989In Grutski v. Kline, 352 Pa. 401 , 43 A.2d 142 (1945), the Supreme Court established that impeachment of an expert witness by demonstrating *350 partiality to the party for whom the expert is testifying is permissible.

11989–1989
Commonwealth v. Hoffman green
pa · 1970
2 sentences

1978For a general treatment of the proper scope of a prosecutor's closing argument, see the American Bar Association Project on Standards for Criminal Justice, Standards Relating to the Prosecution Function, § 5.8 (Approved Draft, 1971). [2] The pertinent portion of the opinion of Judge Lagakos for the court en banc reads as follows: "[D]efense counsel has been unable to point to a single improper remark allegedly attributable to the District Attorney, nor do our own notes reveal any such improper comments having been made. * * * * * * "We are compelled to conclude that were the remarks of the pro

1978For a general treatment of the proper scope of a prosecutor's closing argument, see the American Bar Association Project on Standards for Criminal Justice, Standards Relating to the Prosecution Function, § 5.8 (Approved Draft, 1971). [2] The pertinent portion of the opinion of Judge Lagakos for the court en banc reads as follows: "[D]efense counsel has been unable to point to a single improper remark allegedly attributable to the District Attorney, nor do our own notes reveal any such improper comments having been made. * * * * * * "We are compelled to conclude that were the remarks of the pro

11978–1978

Where else courts name it

NY 14 (1969–2023) PA 8 (1978–2023) TX 7 (2012–2023) IL 7 (2008–2022) WV 6 (1996–2025) FL 6 (1980–2018) MD 5 (1928–2010) NM 4 (2012–2013) IN 4 (1911–2012) TN 3 (1983–2010) WI 3 (2023–2025) WA 3 (1953–2017) MA 3 (1869–1998) MO 3 (1934–1993) AL 3 (1986–2002) UT 2 (2014–2015) CA 2 (2004–2024) DE 2 (1930–2015) IA 2 (1999–2018) LA 2 (2002–2006) MI 2 (1973–2009) NC 2 (1941–1973)

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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