source of a valid claim (Pennsylvania) · Go Syfert
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source of a valid claim in Pennsylvania

8 Pennsylvania opinions name it 2 courts 1975–2023 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 (2)

CaseFollowedCited
Commonwealth v. Boydgreen
pa · 1975 · cited in 4 Pennsylvania opinions naming this issue, 1977–2023
2 sentences

2023Counsel’s advice to waive a jury trial can be the source of a valid claim of ineffective assistance of counsel only when 1) counsel interferes with his client’s freedom to decide to waive a jury trial... or 2) appellant can point to specific advice of counsel so unreasonable as to vitiate the knowing and intelligent waiver of his right.” Commonwealth v. Boyd, 334 A.2d 610, 616-617 (Pa. 1975) (quoting Commonwealth v. Stokes, 299 A.2d 272 , 276 n.1 (Pa. 1973).

1983In Commonwealth v. Boyd, 461 Pa. at 30 , 334 A.2d at 617 our Supreme Court said, Counsel’s advice to waive a jury trial can be the source of a valid claim of ineffective assistance of counsel only when 1) counsel interferes with his client’s freedom to decide to waive a jury trial, cf. Commonwealth v. Stokes, supra, or 2) appellant can point to specific advice of counsel so unreasonable as to vitiate the knowing and intelligent waiver of the right.

24
Commonwealth v. Hooksgreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023“Counsel's advice to waive a jury trial can be the source of a valid claim of ineffective assistance of counsel only when [] counsel interferes with his client's freedom to decide to waive a jury trial [or when a defendant] can point to specific advice of counsel so unreasonable as to vitiate the knowing and intelligent waiver of his right.” See Commonwealth v. Hooks, 394 A.2d 528, 532 (Pa. 1978).

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 (1)

CaseCitedYears
Commonwealth v. Stokes green
pa · 1973
2 sentences

2023Counsel’s advice to waive a jury trial can be the source of a valid claim of ineffective assistance of counsel only when 1) counsel interferes with his client’s freedom to decide to waive a jury trial... or 2) appellant can point to specific advice of counsel so unreasonable as to vitiate the knowing and intelligent waiver of his right.” Commonwealth v. Boyd, 334 A.2d 610, 616-617 (Pa. 1975) (quoting Commonwealth v. Stokes, 299 A.2d 272 , 276 n.1 (Pa. 1973).

2019Counsel’s advice to waive a jury trial can be the source of a valid claim of ineffective assistance of counsel only when 1) counsel interferes with his client’s freedom to decide to waive a jury trial, cf. Commonwealth v. Stokes, supra, or 2) appellant can point to specific advice of counsel so unreasonable as to vitiate the knowing and intelligent waiver of the right.

41975–2023

Where else courts name it

PA 8 (1975–2023) NE 6 (1997–2025)

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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