8 Pennsylvania opinions name it 2 courts 1983–2025 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 |
|---|---|---|
Commonwealth v. Byrnegreen2 sentences2025“We are aware of no authority that provides an impediment to a defendant’s express, knowing, and voluntary waiver of a statutory right if that waiver is key in obtaining a bargained-for - 18 - J-S01044-25 exchange from the Commonwealth.” Byrne, 833 A.2d at 736 . 2020See also Commonwealth v. Byrne, 833 A.2d 729, 736 (Pa.Super. 2003) (stating: “We are aware of no authority that provides an impediment to a defendant’s express, knowing, and voluntary waiver of a statutory right if that waiver is key in obtaining a bargained-for exchange from the Commonwealth”). | 5 | 7 |
Peretz v. United Statesgreen2 sentences2016See Commonwealth v. Byrne, 833 A.2d 729, 736 (Pa. Super. 2003) (where the defendant had expressly waived his statutory right to credit for time served as part of his guilty plea agreement, stating that “[w]e are aware of no authority that provides an impediment to a defendant’s express, knowing, and voluntary waiver of a statutory right if that waiver is key in obtaining a bargained-for exchange from the Commonwealth.”) (citing, inter alia, Peretz v. U.S., 501 U.S. 923, 936 (1991) (stating that “[t]he most basic rights of criminal defendants are … subject to waiver.”)); see also Commonwealth v 2015See, e.g., Commonwealth v. Byrne, 833 A.2d 729, 736 (Pa. Super. 2003) (where the defendant had expressly waived his statutory right to credit for time served as part of his guilty plea agreement, stating that “[w]e are aware of no authority that provides an impediment to a defendant’s express, knowing, and voluntary waiver of a statutory right if that waiver is key in obtaining a bargained-for exchange from the Commonwealth.”) (citing, inter alia, Peretz v. U.S., 501 U.S. 923, 936 (1991) (stating that “[t]he most basic rights of criminal defendants are … subject to waiver.”)). | 2 | 2 |
Commonwealth v. Yeomansgreen1 sentence2016See Commonwealth v. Byrne, 833 A.2d 729, 736 (Pa. Super. 2003) (where the defendant had expressly waived his statutory right to credit for time served as part of his guilty plea agreement, stating that “[w]e are aware of no authority that provides an impediment to a defendant’s express, knowing, and voluntary waiver of a statutory right if that waiver is key in obtaining a bargained-for exchange from the Commonwealth.”) (citing, inter alia, Peretz v. U.S., 501 U.S. 923, 936 (1991) (stating that “[t]he most basic rights of criminal defendants are … subject to waiver.”)); see also Commonwealth v | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hamsher Motor Vehicle Operator License Case
neutral
2 sentences1983In the case of In Re Hamsher Motor Vehicle Operator License Case, 196 Pa. Super. 336 , 175 A.2d 303 (1961), the Superior Court held that although the defendant had a statutory right to a hearing following suspension of his license, there was no legal requirement that he must be informed of that right. 1983In the case of In Re Hamsher Motor Vehicle Operator License Case, 196 Pa. Super. 336 , 175 A.2d 303 (1961), the Superior Court held that although the defendant had a statutory right to a hearing following suspension of his license, there was no legal requirement that he must be informed of that right. | 1 | 1983–1983 |
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.