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8 Pennsylvania opinions name it 3 courts 1968–2022 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.
| Case | Followed | Cited |
|---|---|---|
Burgett v. Texasgreen2 sentences1976The Supreme Court held that the introduction of such convictions violated the defendant’s right to counsel: “To permit a conviction obtained in violation of Gideon v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense (see Greer v. Beto, 384 U.S. 269 , 86 S.Ct. 1477 , 16 L.Ed.2d 526 ) is to erode the principle of that case.” 389 U.S. at 115 , 88 S.Ct. at 262 . 1976The Supreme Court held that the introduction of such convictions violated the defendant’s right to counsel: “To permit a conviction obtained in violation of Gideon v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense (see Greer v. Beto, 384 U.S. 269 , 86 S.Ct. 1477 , 16 L.Ed.2d 526 ) is to erode the principle of that case.” 389 U.S. at 115 , 88 S.Ct. at 262 . | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Greer v. Beto
green
2 sentences1985The Supreme Court has held that a state may not use prior uncounseled convictions to support guilt or enhance punishment: To permit a conviction obtained in violation of Gideon v. Wainwright [ 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 ] to be used against a person either to support guilt or enhance punishment for another offense (See Greer v. Beto, 384 U.S. 269 , 16 L.Ed.2d 526 , 86 S.Ct. 1447 ) is to erode the principle of that case. 1985The Supreme Court has held that a state may not use prior uncounseled convictions to support guilt or enhance punishment: To permit a conviction obtained in violation of Gideon v. Wainwright [ 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 ] to be used against a person either to support guilt or enhance punishment for another offense (See Greer v. Beto, 384 U.S. 269 , 16 L.Ed.2d 526 , 86 S.Ct. 1447 ) is to erode the principle of that case. | 5 | 1968–1985 |
Commonwealth v. Feighery
green
1 sentence2022He states: “The corollary of a conviction obtained in violation of law as an illegal sentence; [c]hallenges to the legality of sentence cannot be waived.” Id. (citation omitted; grammar errors in original). | 1 | 2022–2022 |
Gideon v. Wainwright
green
2 sentences1985The Supreme Court has held that a state may not use prior uncounseled convictions to support guilt or enhance punishment: To permit a conviction obtained in violation of Gideon v. Wainwright [ 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 ] to be used against a person either to support guilt or enhance punishment for another offense (See Greer v. Beto, 384 U.S. 269 , 16 L.Ed.2d 526 , 86 S.Ct. 1447 ) is to erode the principle of that case. 1985The Supreme Court has held that a state may not use prior uncounseled convictions to support guilt or enhance punishment: To permit a conviction obtained in violation of Gideon v. Wainwright [ 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 ] to be used against a person either to support guilt or enhance punishment for another offense (See Greer v. Beto, 384 U.S. 269 , 16 L.Ed.2d 526 , 86 S.Ct. 1447 ) is to erode the principle of that case. | 1 | 1985–1985 |
Walker v. Southern Railway Co.
green
1 sentence1985The Supreme Court has held that a state may not use prior uncounseled convictions to support guilt or enhance punishment: To permit a conviction obtained in violation of Gideon v. Wainwright [ 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 ] to be used against a person either to support guilt or enhance punishment for another offense (See Greer v. Beto, 384 U.S. 269 , 16 L.Ed.2d 526 , 86 S.Ct. 1447 ) is to erode the principle of that case. | 1 | 1985–1985 |
Loper v. Beto
green
2 sentences1976The essence of the Court’s rationale in Burgett v. Texas is capsulized in Loper v. Beto, 405 U.S. at 481 , 92 S.Ct. at 1018 as follows: “ ‘To permit a conviction obtained in violation of Gideon v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense . is to erode the principle of that case. 1976The essence of the Court’s rationale in Burgett v. Texas is capsulized in Loper v. Beto, 405 U.S. at 481 , 92 S.Ct. at 1018 as follows: “ ‘To permit a conviction obtained in violation of Gideon v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense . is to erode the principle of that case. | 1 | 1976–1976 |
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.