Daniels challenge (Pennsylvania) · Go Syfert
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Daniels challenge in Pennsylvania

8 Pennsylvania opinions name it 2 courts 1984–2023 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 (3)

CaseFollowedCited
Commonwealth v. Hemingwaygreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023The comment to Rule 590 outlines the requirement that a colloquy delve into the defendant’s understanding of: (1) the nature of the charges; (2) the ____________________________________________ Hemingway, 13 A.3d 491, 496 (Pa. Super. 2011) (noting that “[t]he existence of subject matter jurisdiction goes to the heart of a court’s ability to act in a particular case . . . and may be raised by any party or by the court, sua sponte . . .. (citation omitted)). -6- J-S19037-23 factual basis for the plea; (3) his trial rights; (4) the presumption of innocence; (5) the permissible range of sentences

11
Commonwealth v. Jonesgreen
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See Commonwealth v. Jones, 929 A.2d 205, 211-12 (Pa. 2007).

11
Commonwealth v. Fordgreen
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Commonwealth. v. Ford, 44 A.3d 1190, 1200 (Pa. Super. 2012) (This Court may not review claims of PCRA counsel’s ineffectiveness that are raised for the first time on appeal because they “must be raised in a serial PCRA petition or in response to a notice of dismissal before the PCRA court.”); see also Pa.R.A.P. 302(a).

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
Batson v. Kentucky green
scotus · 1986
2 sentences

2014The seven issues to be considered at the evidentiary hearing were: (1) trial counsel ineffectiveness for failing to object to the trial court’s instruction on accomplice liability, (2) trial counsel ineffectiveness for failing to adequately investigate and present evidence on the cause of death, (3) a jury selection challenge under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), (4) trial counsel ineffectiveness for failing to present mitigation evidence, (5) allegations related to appellate counsels’ performance, (6) a general request regarding the application of rela

2014The seven issues to be considered at the evidentiary hearing were: (1) trial counsel ineffectiveness for failing to object to the trial court’s instruction on accomplice liability, (2) trial counsel ineffectiveness for failing to adequately investigate and present evidence on the cause of death, (3) a jury selection challenge under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), (4) trial counsel ineffectiveness for failing to present mitigation evidence, (5) allegations related to appellate counsels’ performance, (6) a general request regarding the application of rela

52009–2014
Commonwealth v. Lassiter green
pa · 1998
2 sentences

2014The seven issues to be considered at the evidentiary hearing were: (1) trial counsel ineffectiveness for failing to object to the trial court’s instruction on accomplice liability, (2) trial counsel ineffectiveness for failing to adequately investigate and present evidence on the cause of death, (3) a jury selection challenge under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), (4) trial counsel ineffectiveness for failing to present mitigation evidence, (5) allegations related to appellate counsels’ performance, (6) a general request regarding the application of rela

2014The seven issues to be considered at the evidentiary hearing were: (1) trial counsel ineffectiveness for failing to object to the trial court’s instruction on accomplice liability, (2) trial counsel ineffectiveness for failing to adequately investigate and present evidence on the cause of death, (3) a jury selection challenge under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), (4) trial counsel ineffectiveness for failing to present mitigation evidence, (5) allegations related to appellate counsels’ performance, (6) a general request regarding the application of rela

52009–2014
Commonwealth v. Colding green
pa · 1978
2 sentences

2009As that is not at issue, we need not determine whether the January 29th order was final. [9] See Commonwealth v. Colding, 482 Pa. 112 , 393 A.2d 404 , 405 n. 2 (1978) providing that reconsideration of a sentence should only occur following notice to all parties and an opportunity to be heard. [10] This Court is well aware of the difficulty posed in collateral capital appeals where the court fails to dispose of all claims, thereby raising the prospect of piecemeal review and unnecessary delays.

2009As that is not at issue, we need not determine whether the January 29th order was final. [9] See Commonwealth v. Colding, 482 Pa. 112 , 393 A.2d 404 , 405 n. 2 (1978) providing that reconsideration of a sentence should only occur following notice to all parties and an opportunity to be heard. [10] This Court is well aware of the difficulty posed in collateral capital appeals where the court fails to dispose of all claims, thereby raising the prospect of piecemeal review and unnecessary delays.

12009–2009
Tops Apparel Manufacturing Co. v. Rothman green
pasuperct · 1968
2 sentences

1984Tops Apparel Manufacturing Co., Inc. v. Rothman, 430 Pa. 583 , 244 A.2d 436 (1968); Crown Construction Co. v. Newfoundland American Ins.

1984Tops Apparel Manufacturing Co., Inc. v. Rothman, 430 Pa. 583 , 244 A.2d 436 (1968); Crown Construction Co. v. Newfoundland American Ins.

11984–1984

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9711 (5) PA § 18 Pa. Cons. Stat. § 304 (4) PA § 42 Pa. Cons. Stat. § 9543 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 61 (1971–2025) IL 12 (2002–2025) GA 12 (1983–2022) PA 8 (1984–2023) TX 7 (1957–2019) IN 5 (1974–2017) NY 5 (1984–2013) FL 5 (1994–2022) MT 4 (2005–2017) OH 4 (1988–2018) MS 4 (2008–2019) MO 4 (1987–2019) WA 3 (2018–2021) NC 3 (1959–2010) IA 2 (2019–2020) MA 2 (2009–2012) HI 2 (2005–2010) NE 2 (1999–2004) DE 2 (2025–2025) NM 2 (2015–2015) RI 2 (1981–1996) AL 2 (1985–2009)

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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