constitutional predicate claim (Pennsylvania) · Go Syfert
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constitutional predicate claim in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1982–2020 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 (1)

CaseFollowedCited
Glasser v. United Statesgreen
scotus · 1942 · cited in 1 Pennsylvania opinions naming this issue, 1982–1982
1 sentence

1982See Glasser, supra, 315 U.S, at 72-75, 62 S.Ct, at 465-467 .

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 (3)

CaseCitedYears
Cuyler v. Sullivan green
scotus · 1980
2 sentences

2019It must be said, however, that the language of Sullivan itself does not clearly establish, or indeed even support, such expansive application. "[Ujntil," it said, "a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance." Id. at 174-75, 122 S.Ct. at 1245 (quoting Sullivan, 446 US. at 350, 100 S.Ct. at 1719 ) ( emphasis altered; citations omitted).

2012It must be said, however, that the language of Sullivan itself does not clearly establish, or indeed even support, such expansive application. “[Ujntil,” it said, “a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Id. at 174-75, 122 S.Ct. at 1245 (quoting Sullivan, 446 U.S. at 350 , 100 S.Ct. at 1719 ) (emphasis altered; citations omitted).

41982–2019
Mickens v. Taylor green
scotus · 2002
2 sentences

2020Relative to claims of conflict of interest in the PCRA setting our Supreme Court has explained that In Mickens v. Taylor, 535 U.S.162, 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002), the United States Supreme Court held that until a defendant demonstrates that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance of counsel under the Sixth Amendment.

2020Relative to claims of conflict of interest in the PCRA setting our Supreme Court has explained that In Mickens v. Taylor, 535 U.S.162, 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002), the United States Supreme Court held that until a defendant demonstrates that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance of counsel under the Sixth Amendment.

22009–2020
Commonwealth v. Jones green
pasuperct · 1982
2 sentences

1982Instantly, attorneys from the public defendant's office not only represented clients (appellant and Richard Ross) whose versions of the incident in question were at odds, compare Commonwealth v. Jones, 300 Pa.Super. 338 , 446 A.2d 644 (1982), but also negotiated a plea bargain for one of the three defendants which required, as a condition to its implementation by the District Attorney's Office, that a co-defendant (Richard Ross) testify against the appellant.

1982Instantly, attorneys from the public defendant's office not only represented clients (appellant and Richard Ross) whose versions of the incident in question were at odds, compare Commonwealth v. Jones, 300 Pa.Super. 338 , 446 A.2d 644 (1982), but also negotiated a plea bargain for one of the three defendants which required, as a condition to its implementation by the District Attorney's Office, that a co-defendant (Richard Ross) testify against the appellant.

11982–1982

Statutes the citing opinions construe

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

TX 33 (1980–2026) FL 14 (1983–2017) TN 13 (1998–2022) MN 9 (1991–2024) GA 8 (1999–2023) SC 7 (1993–2015) MD 7 (1995–2023) MO 7 (1985–2024) PA 7 (1982–2020) KS 6 (1995–2021) WA 5 (2003–2020) AL 5 (1988–2010) CO 4 (1985–2015) OH 4 (1988–2008) ID 4 (1996–2010) LA 4 (1988–2016) DC 4 (1999–2016) UT 4 (1990–2015) NC 3 (1982–2006) MI 3 (1982–2017) IN 3 (1985–2014) AR 3 (2002–2005) CA 2 (1986–2011) RI 2 (2001–2011) IA 2 (1981–1988)

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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