Brooks claim (Pennsylvania) · Go Syfert
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Brooks claim in Pennsylvania

8 Pennsylvania opinions name it 2 courts 2016–2026 4 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 (9)

CaseFollowedCited
Com. v. Min, J.green
pasuperct · 2024 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026See Pa.R.A.P. 513. 12 The PCRA court did not order Brooks to file a Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal. - 11 - J-S22029-25 error.” Commonwealth v. Min, 320 A.3d 727, 730 (Pa. Super. 2024).

11
Commonwealth v. Fearsgreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026When reviewing a claim of ineffective counsel, “[c]ounsel is presumed effective, and [the PCRA petitioner] bears the burden of proving otherwise.” Commonwealth v. Fears, 86 A.3d 795, 804 (Pa. 2014).

11
Strasburg Scooters, LLC v. Strasburg Rail Rd., Inc.green
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Strasburg Scooters, LLC, 210 A.3d at 1067 (declaring that a judgment or decree rendered by a court which lacks subject matter jurisdiction is null and void).9 Accordingly, we affirm the June 6, 2024 order of the Court of Common Pleas of Allegheny County to the extent that it denied Brooks’ motion to file a late appeal.

11
Commonwealth v. Dixgreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See Dix, 207 A.3d at 390 . - 16 - J-S33043-22 Brooks’s third issue challenges the discretionary aspects of the trial court’s sentence.

11
Shearer, D., Aplts. v. Hafer, S.green
pa · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Regarding the first requirement of separability, the Family Court contends that the question of whether it qualifies as a “Commonwealth party” within the meaning of the Sovereign Immunity Act and, therefore, retains sovereign immunity from Brooks’ claim “is clearly both conceptually and factually distinct from the merits of [the] underlying negligence cause of action.” Family Court’s Brief at 18; see also id. at 16 (citing Pridgen, 905 A.2d at 433 ), id. at 26-27 (citing Yorty v. PJM Interconnection, L.L.C., 79 A.3d 655 (Pa. Super. 2013)).

11
Township of Worcester v. Office of Open Recordsgreen
pacommwct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020“In determining whether an order is separable from and collateral to the main cause of action, we must first decide whether review of the order implicates the merits of the main cause of action.” Twp. of Worcester v. Office of Open Records, 129 A.3d 44, 55 (Pa. Cmwlth. 2016) (citing Commonwealth v. Wright, 78 A.3d 1070 (Pa. 2013)). “[I]f the resolution of an issue concerning a challenged trial court order can be achieved independent from an analysis of the merits of the underlying dispute, then the order is separable for purposes of determining whether the order is a collateral order pursuant

11
Pridgen v. Parker Hannifin Corp.green
pa · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
2 sentences

2020Regarding the first requirement of separability, the Family Court contends that the question of whether it qualifies as a “Commonwealth party” within the meaning of the Sovereign Immunity Act and, therefore, retains sovereign immunity from Brooks’ claim “is clearly both conceptually and factually distinct from the merits of [the] underlying negligence cause of action.” Family Court’s Brief at 18; see also id. at 16 (citing Pridgen, 905 A.2d at 433 ), id. at 26-27 (citing Yorty v. PJM Interconnection, L.L.C., 79 A.3d 655 (Pa. Super. 2013)).

2020Regarding the first requirement of separability, the Family Court contends that the question of whether it qualifies as a “Commonwealth party” within the meaning of the Sovereign Immunity Act and, therefore, retains sovereign immunity from Brooks’ claim “is clearly both conceptually and factually distinct from the merits of [the] underlying negligence cause of action.” Family Court’s Brief at 18; see also id. at 16 (citing Pridgen, 905 A.2d at 433 ), id. at 26-27 (citing Yorty v. PJM Interconnection, L.L.C., 79 A.3d 655 (Pa. Super. 2013)).

11
Yorty v. PJM Interconnection, L.L.C.green
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Regarding the first requirement of separability, the Family Court contends that the question of whether it qualifies as a “Commonwealth party” within the meaning of the Sovereign Immunity Act and, therefore, retains sovereign immunity from Brooks’ claim “is clearly both conceptually and factually distinct from the merits of [the] underlying negligence cause of action.” Family Court’s Brief at 18; see also id. at 16 (citing Pridgen, 905 A.2d at 433 ), id. at 26-27 (citing Yorty v. PJM Interconnection, L.L.C., 79 A.3d 655 (Pa. Super. 2013)).

11
Commonwealth v. Brooksgreen
pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Brooks, 875 A.2d at 1147-48 .

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. Kennedy green
pa · 2005
1 sentence

2020“In determining whether an order is separable from and collateral to the main cause of action, we must first decide whether review of the order implicates the merits of the main cause of action.” Twp. of Worcester v. Office of Open Records, 129 A.3d 44, 55 (Pa. Cmwlth. 2016) (citing Commonwealth v. Wright, 78 A.3d 1070 (Pa. 2013)). “[I]f the resolution of an issue concerning a challenged trial court order can be achieved independent from an analysis of the merits of the underlying dispute, then the order is separable for purposes of determining whether the order is a collateral order pursuant

12020–2020
Leak v. Defino-Nastasi green
pa · 2013
1 sentence

2020“In determining whether an order is separable from and collateral to the main cause of action, we must first decide whether review of the order implicates the merits of the main cause of action.” Twp. of Worcester v. Office of Open Records, 129 A.3d 44, 55 (Pa. Cmwlth. 2016) (citing Commonwealth v. Wright, 78 A.3d 1070 (Pa. 2013)). “[I]f the resolution of an issue concerning a challenged trial court order can be achieved independent from an analysis of the merits of the underlying dispute, then the order is separable for purposes of determining whether the order is a collateral order pursuant

12020–2020
Commonwealth, Aplt. v. Hopkins, K. green
pa · 2015
1 sentence

2018In his penultimate claim, Brooks argues that the trial court erred by imposing a mandatory minimum sentence that is unconstitutional under Commonwealth v. Hopkins, 117 A.3d 247 (Pa. 2015).

12018–2018
Commonwealth v. Elliott green
pa · 2013
2 sentences

2016Subsequently, our Supreme Court revisited the Brooks issue in Commonwealth v. Elliott, 622 Pa. 236 , 80 A.3d 415 (2013).

2016Subsequently, our Supreme Court revisited the Brooks issue in Commonwealth v. Elliott, 622 Pa. 236 , 80 A.3d 415 (2013).

12016–2016

Where else courts name it

TX 31 (1910–2026) CA 20 (1971–2024) OH 18 (1995–2024) GA 17 (1997–2024) FL 12 (1981–2016) IL 10 (1987–2025) PA 8 (2016–2026) NJ 8 (1994–2025) AL 7 (2001–2024) LA 7 (1995–2023) IA 6 (2014–2019) MD 6 (1968–2014) HI 5 (1992–2017) MS 5 (1999–2023) IN 4 (2016–2024) MN 4 (1984–2017) WA 4 (1986–2019) KY 4 (1988–2026) VA 3 (2002–2023) MT 3 (1993–2014) AZ 3 (1990–2024) CO 3 (2009–2024) DC 2 (1992–2010) UT 2 (1993–2015) WI 2 (2002–2018) TN 2 (2019–2019) NE 2 (2013–2025) SC 2 (2016–2022) ME 2 (1992–2018)

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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