merit of the underlying claim (Pennsylvania) · Go Syfert
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merit of the underlying claim in Pennsylvania

8 Pennsylvania opinions name it 2 courts 1988–2022 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 (4)

CaseFollowedCited
Commonwealth v. Evansgreen
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
2 sentences

2022See Evans, 664 A.2d at 573-74 . - 23 - In this case, Crumbley asserts that as to the merit of the underlying claim, the trial court erred in denying a missing witness instruction once it became clear that Carpenter would not be available to testify.

2022See Evans, 664 A.2d at 573-74 . - 23 - In this case, Crumbley asserts that as to the merit of the underlying claim, the trial court erred in denying a missing witness instruction once it became clear that Carpenter would not be available to testify.

11
Commonwealth v. Bryantgreen
pa · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
2 sentences

2005See Bryant, 855 A.2d at 742 .

2005See Bryant, 855 A.2d at 742 .

11
Commonwealth v. Piercegreen
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., Commonwealth v. *530 Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); Commonwealth v. Groff, 378 Pa.Super. 353 , 548 A.2d 1237, 1243 (1988).

1992See, e.g., Commonwealth v. *530 Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); Commonwealth v. Groff, 378 Pa.Super. 353 , 548 A.2d 1237, 1243 (1988).

11
Commonwealth v. Groffgreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., Commonwealth v. *530 Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); Commonwealth v. Groff, 378 Pa.Super. 353 , 548 A.2d 1237, 1243 (1988).

1992See, e.g., Commonwealth v. *530 Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); Commonwealth v. Groff, 378 Pa.Super. 353 , 548 A.2d 1237, 1243 (1988).

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 (5)

CaseCitedYears
Commonwealth v. Capalla green
pa · 1936
1 sentence

2022Appellant further asserts that the merit of the underlying claim of prosecutorial misconduct is supported by our Supreme Court’s decision in Commonwealth v. Capalla, 185 A. 203 (Pa. 1936).

12022–2022
Commonwealth v. Collins green
pa · 2005
2 sentences

2013Although we disagree with the PCRA court that the precise claims before us in this PCRA proceeding have been previously litigated, because they are currently presented in terms of trial counsel ineffectiveness for failing to object to the instances of prosecutorial misconduct, as distinct from the merit of the underlying claim, see Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564 (2005) (providing that a claim of ineffectiveness is distinct from the underlying issue), we agree that Appellant is not entitled to relief.

2013Although we disagree with the PCRA court that the precise claims before us in this PCRA proceeding have been previously litigated, because they are currently presented in terms of trial counsel ineffectiveness for failing to object to the instances of prosecutorial misconduct, as distinct from the merit of the underlying claim, see Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564 (2005) (providing that a claim of ineffectiveness is distinct from the underlying issue), we agree that Appellant is not entitled to relief.

12013–2013
Commonwealth v. Garvin green
pa · 1972
2 sentences

1996In Commonwealth v. Garvin, 448 Pa. 258 , 293 A.2d 33 (1972), this Court was confronted with the issue of whether the appellant’s arrest was illegal and, if so, whether the subsequent identification was tainted by the illegality.

1996In Commonwealth v. Garvin, 448 Pa. 258 , 293 A.2d 33 (1972), this Court was confronted with the issue of whether the appellant’s arrest was illegal and, if so, whether the subsequent identification was tainted by the illegality.

11996–1996
Commonwealth v. March green
pa · 1991
2 sentences

1992Commonwealth v. March, 528 Pa. at 414 , 598 A.2d at 962 .

1992Commonwealth v. March, 528 Pa. at 414 , 598 A.2d at 962 .

11992–1992
Commonwealth Ex Rel. Washington v. Maroney green
pa · 1967
2 sentences

1988Washington v. Maroney, 427 Pa. at 604-05 , 235 A.2d at 353 .

1988Washington v. Maroney, 427 Pa. at 604-05 , 235 A.2d at 353 .

11988–1988

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9541 (4)

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

PA 8 (1988–2022) TX 4 (2009–2013) OH 2 (2003–2008) NY 2 (2011–2018)

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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