conviction obtained violation (Pennsylvania) · Go Syfert
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conviction obtained violation in Pennsylvania

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.

Followed or applied (1)

CaseFollowedCited
Burgett v. Texasgreen
scotus · 1967 · cited in 3 Pennsylvania opinions naming this issue, 1972–1976
2 sentences

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 .

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 .

13

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
Greer v. Beto green
scotus · 1966
2 sentences

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.

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.

51968–1985
Commonwealth v. Feighery green
pasuperct · 1995
1 sentence

2022He 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).

12022–2022
Gideon v. Wainwright green
scotus · 1963
2 sentences

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.

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.

11985–1985
Walker v. Southern Railway Co. green
scotus · 1966
1 sentence

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.

11985–1985
Loper v. Beto green
scotus · 1972
2 sentences

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.

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.

11976–1976

Where else courts name it

NY 22 (1966–2016) CO 22 (1977–2025) IL 12 (1976–2021) TX 11 (1968–2018) WA 10 (1973–2016) MD 9 (1968–1986) PA 8 (1968–2022) MI 8 (1974–2025) FL 7 (1969–2007) OR 6 (1956–2023) CA 6 (1969–2026) NE 5 (1983–2020) GA 5 (1972–2013) AZ 5 (1976–2007) HI 5 (1976–2003) OK 5 (1968–1982) IA 5 (1969–2017) KS 4 (1970–1997) WI 4 (1968–2010) AR 4 (1972–2000) TN 4 (1993–2014) UT 4 (1989–2008) MO 3 (1968–2018) CT 3 (1996–2017) ME 3 (1968–1986) MT 3 (1969–2005) MN 2 (2007–2016) NM 2 (1991–1997) WY 2 (1981–1992) NC 2 (1979–1983) NJ 2 (1983–2018) LA 2 (1976–2017) AL 2 (1970–1981)

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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