two-tiered test (Pennsylvania) · Go Syfert
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two-tiered test in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1973–2020 0 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. Vandivnergreen
pa · 2009 · cited in 2 Pennsylvania opinions naming this issue, 2017–2020
2 sentences

2020In Commonwealth v. Vandivner, [] 962 A.2d 1170, 1181 ([Pa.] 2009), [our supreme - 20 - J.

2017In Commonwealth v. Vandivner, 962 A.2d 1170, 1181 (Pa. 2009), we observed that “the very word negotiation posits the participation of two parties and not unilateral conduct,” and specifically declared that: Of primary importance in assessing an accused's subjective expectation of negotiating a plea is whether the Commonwealth showed an interest in participating in such discussions.

22
Commonwealth v. Callowaygreen
pasuperct · 1983 · cited in 2 Pennsylvania opinions naming this issue, 2017–2020
2 sentences

2020Commonwealth v. Calloway, [] 459 A.2d 795, 800-801 ([Pa.Super.] 1983) (adopting the Fifth Circuit’s two-tiered analysis in United States v. Robertson, 582 F.2d 1356 (5th Cir. 1978), for determining whether plea negotiations are underway).

2017Commonwealth v. Calloway, 459 A.2d 795, 800-01 (Pa. Super. 1983) (adopting the Fifth Circuit’s two-tiered analysis in U.S. v. Robertson, 582 F.2d 1356 (5th Cir. 1978), for determining whether plea [J-63-2016] - 22 negotiations are underway).

22
Commonwealth v. Hubbardred
pa · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1983–1983
2 sentences

1983Furthermore, in assessing claims of ineffectiveness of counsel, we must examine the PCHA record in light of the two-tiered analysis enunciated in Commonwealth v. Hubbard, 472 Pa. 259, 277-278 , 372 A.2d 687, 695-696 (1977).

1983Furthermore, in assessing claims of ineffectiveness of counsel, we must examine the PCHA record in light of the two-tiered analysis enunciated in Commonwealth v. Hubbard, 472 Pa. 259, 277-278 , 372 A.2d 687, 695-696 (1977).

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 (8)

CaseCitedYears
United States v. Andrew Jackson Robertson green
ca5 · 1978
2 sentences

2020Commonwealth v. Calloway, [] 459 A.2d 795, 800-801 ([Pa.Super.] 1983) (adopting the Fifth Circuit’s two-tiered analysis in United States v. Robertson, 582 F.2d 1356 (5th Cir. 1978), for determining whether plea negotiations are underway).

2017Commonwealth v. Calloway, 459 A.2d 795, 800-01 (Pa. Super. 1983) (adopting the Fifth Circuit’s two-tiered analysis in U.S. v. Robertson, 582 F.2d 1356 (5th Cir. 1978), for determining whether plea [J-63-2016] - 22 negotiations are underway).

22017–2020
LaCourt v. Commonwealth green
pacommwct · 1985
2 sentences

1987In LaCourt v. Pennsylvania Board of Probation and Parole, 87 Pa. Commonwealth Ct. 384 , 488 A.2d 70 (1985), this Court adopted a two-tiered test for determining whether a parolee has been afforded effective assistance of counsel.

1987In LaCourt v. Pennsylvania Board of Probation and Parole, 87 Pa. Commonwealth Ct. 384 , 488 A.2d 70 (1985), this Court adopted a two-tiered test for determining whether a parolee has been afforded effective assistance of counsel.

21986–1987
In Re CLG green
pasuperct · 2008
1 sentence

2015Rather, the court, which discussed only subsection (a)(8), intertwined its discussion of the considerations under subsection (a)(8) and (b), while stating that it engaged in the two-tiered analysis set forth in In re C.L.G., 956 A.2d at 1009 .

12015–2015
In re Adoption of S.P. green
pa · 2012
1 sentence

2015We will focus our discussion on subsection (a)(2), which does not have a needs and welfare element. - 11 - J-S49031-15 In re Adoption of S.P., 47 A.3d at 827 .

12015–2015
C & a Carbone, Inc. v. Town of Clarkstown green
scotus · 1994
2 sentences

1998If so, the act is “per se invalid, save in a narrow class of cases in which the [state] can demonstrate, under rigorous scrutiny, that it has no other means to advance a legitimate local interest.” C & A Carbone, Inc., v. Clarkstown, 511 U.S. 383, 392 , 114 S.Ct. 1677 , 128 L.Ed.2d 399 (1994).

1998If so, the act is “per se invalid, save in a narrow class of cases in which the [state] can demonstrate, under rigorous scrutiny, that it has no other means to advance a legitimate local interest.” C & A Carbone, Inc., v. Clarkstown, 511 U.S. 383, 392 , 114 S.Ct. 1677 , 128 L.Ed.2d 399 (1994).

11998–1998
Commonwealth ex rel. Rambeau v. Rundle green
pa · 1973
2 sentences

1986O’Brien, noted the importance of counsel assistance to a parolee when he recognized that the parole revocation proceeding is the very last contact the parolee has with the Board before “his cell door is slammed shut, perhaps for life.” 455 Pa. at 18 , 314 A.2d at 847 (quoting Commonwealth v. Johnson, 428 Pa. 210 , 236 A.2d 805 [1968]). *69 In LaCourt , this Court adopted a two-tiered test for determining whether a parolee is entitled to relief based upon counsels alleged ineffective performance.

1986O’Brien, noted the importance of counsel assistance to a parolee when he recognized that the parole revocation proceeding is the very last contact the parolee has with the Board before “his cell door is slammed shut, perhaps for life.” 455 Pa. at 18 , 314 A.2d at 847 (quoting Commonwealth v. Johnson, 428 Pa. 210 , 236 A.2d 805 [1968]). *69 In LaCourt , this Court adopted a two-tiered test for determining whether a parolee is entitled to relief based upon counsels alleged ineffective performance.

11986–1986
Commonwealth v. Johnson green
pa · 1968
2 sentences

1986O’Brien, noted the importance of counsel assistance to a parolee when he recognized that the parole revocation proceeding is the very last contact the parolee has with the Board before “his cell door is slammed shut, perhaps for life.” 455 Pa. at 18 , 314 A.2d at 847 (quoting Commonwealth v. Johnson, 428 Pa. 210 , 236 A.2d 805 [1968]). *69 In LaCourt , this Court adopted a two-tiered test for determining whether a parolee is entitled to relief based upon counsels alleged ineffective performance.

1986O’Brien, noted the importance of counsel assistance to a parolee when he recognized that the parole revocation proceeding is the very last contact the parolee has with the Board before “his cell door is slammed shut, perhaps for life.” 455 Pa. at 18 , 314 A.2d at 847 (quoting Commonwealth v. Johnson, 428 Pa. 210 , 236 A.2d 805 [1968]). *69 In LaCourt , this Court adopted a two-tiered test for determining whether a parolee is entitled to relief based upon counsels alleged ineffective performance.

11986–1986
Weber v. Aetna Casualty & Surety Co. green
scotus · 1972
2 sentences

1973In Weber v. Aetna Casualty & Surety Company, 406 U.S. 164 , 92 S. Ct. 1400 (1972), Mr. Justice POWELL examined the two-tiered test and concluded that neither standard would be strictly applied.

1973In Weber v. Aetna Casualty & Surety Company, 406 U.S. 164 , 92 S. Ct. 1400 (1972), Mr. Justice POWELL examined the two-tiered test and concluded that neither standard would be strictly applied.

11973–1973

Where else courts name it

IN 887 (1985–2026) OH 115 (1990–2026) LA 51 (1989–2025) ID 46 (1975–2026) NY 36 (1976–2026) IL 33 (1981–2026) FL 16 (1982–2012) AL 13 (1984–2002) MN 12 (1986–2017) MI 11 (1978–2009) TX 10 (1986–2024) GA 10 (1993–2015) NC 9 (1983–2025) CA 9 (1975–2014) PA 8 (1973–2020) MT 8 (1990–2008) RI 8 (1990–2023) WI 7 (1992–2025) MD 5 (1981–2019) MS 5 (1993–2004) NJ 5 (1977–2022) CO 5 (1999–2019) UT 4 (1997–2007) OK 4 (1984–2009) AK 4 (1974–2021) WV 3 (1988–2021) CT 3 (1982–1996) OR 2 (1985–2013) HI 2 (2004–2010) NM 2 (1988–2006) MA 2 (1991–2018) AZ 2 (2015–2024) WA 2 (2004–2004)

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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