criminal proceeding error (Pennsylvania) · Go Syfert
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criminal proceeding error in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1974–2016 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 (2)

CaseFollowedCited
Commonwealth v. Albrechtgreen
pa · 1986 · cited in 1 Pennsylvania opinions naming this issue, 1986–1986
2 sentences

1986“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment____ Accordingly, any-deficiencies in counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Commonwealth v. Albrecht, supra 510 Pa. at 626, 511 A.2d at 776 , quoting Strickland v. Washington, 466 U.S. 668, 691-692 , 104 S.Ct. 2052, 2067 , 80 L.Ed.2d 674, 696 , reh. den., 467 U.S. 1267 , 104 S.Ct. 3562 , 82 L.Ed.2d 864 (1984).

1986“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment____ Accordingly, any-deficiencies in counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Commonwealth v. Albrecht, supra 510 Pa. at 626, 511 A.2d at 776 , quoting Strickland v. Washington, 466 U.S. 668, 691-692 , 104 S.Ct. 2052, 2067 , 80 L.Ed.2d 674, 696 , reh. den., 467 U.S. 1267 , 104 S.Ct. 3562 , 82 L.Ed.2d 864 (1984).

11
United States v. Morrisongreen
scotus · 1981 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
2 sentences

1984Cf. United States v. Morrison, 449 U.S. 361, 364-365 [ 101 S.Ct. 665, 667-668 , 66 L.Ed.2d 564 ] (1981).

1984Cf. United States v. Morrison, 449 U.S. 361, 364-365 [ 101 S.Ct. 665, 667-668 , 66 L.Ed.2d 564 ] (1981).

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
Strickland v. Washington green
scotus · 1984
2 sentences

2016As to the prejudice requirement, the Court explained that “[a]n error by counsel, even if-professionally unreasonable, does not'warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Id. at 691 , 104 S.Ct. 2052 .

2016As to the prejudice requirement, the Court explained that “[a]n error by counsel, even if-professionally unreasonable, does not'warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” Id. at 691 , 104 S.Ct. 2052 .

51986–2016
Bose Corp. v. Consumers Union of United States, Inc. green
scotus · 1984
2 sentences

1986“An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment____ Accordingly, any-deficiencies in counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Commonwealth v. Albrecht, supra 510 Pa. at 626, 511 A.2d at 776 , quoting Strickland v. Washington, 466 U.S. 668, 691-692 , 104 S.Ct. 2052, 2067 , 80 L.Ed.2d 674, 696 , reh. den., 467 U.S. 1267 , 104 S.Ct. 3562 , 82 L.Ed.2d 864 (1984).

1986The Supreme Court of the United States has established the same standard pursuant to federal constitutional strictures in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) reh. den., 467 U.S. 1267 , 104 S.Ct. 3562 , 82 L.Ed.2d 864 . *379 An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. . . .

21986–1986
Commonwealth v. Wolpert green
pasuperct · 1973
2 sentences

1974“It is not suggested that §5505 be used as a device to herd citizens to police stations in order to conduct inquiries that extend beyond their state of intoxication, but no reason appears why it should not apply to the drunk driver who has been in an accident or has committed the offense of drunken driving in the presence of witnesses on whom the officer has reason to rely.” Commonwealth v. Wilson, supra. 3 This conclusion is not inconsistent with our holding in Commonwealth v. Wolpert, 224 Pa. Superior Ct. 361 , 308 A. 2d 120 (1973).

1974“It is not suggested that §5505 be used as a device to herd citizens to police stations in order to conduct inquiries that extend beyond their state of intoxication, but no reason appears why it should not apply to the drunk driver who has been in an accident or has committed the offense of drunken driving in the presence of witnesses on whom the officer has reason to rely.” Commonwealth v. Wilson, supra. 3 This conclusion is not inconsistent with our holding in Commonwealth v. Wolpert, 224 Pa. Superior Ct. 361 , 308 A. 2d 120 (1973).

11974–1974

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9711 (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

OH 214 (1989–2026) TN 59 (1999–2022) IL 59 (1977–2026) TX 23 (1984–2022) GA 21 (1962–2022) AL 19 (1984–2013) UT 19 (2007–2026) NJ 19 (1952–2025) LA 18 (1986–2025) NY 16 (1957–2024) MO 12 (1989–2021) MI 11 (1973–2026) WA 10 (1994–2024) MD 9 (1975–2020) CT 8 (1991–2024) FL 8 (1978–2009) PA 7 (1974–2016) CA 7 (1975–2025) VA 6 (1988–2014) IA 6 (1985–2017) ID 6 (1992–2024) SD 5 (1988–2023) WV 5 (2010–2021) WI 4 (1994–2019) OR 4 (1985–2001) MT 4 (2001–2019) KY 4 (2008–2025) CO 4 (1981–2025) SC 4 (2010–2016) DE 4 (2011–2021) NE 3 (1984–1995) MS 3 (1986–2001) OK 2 (1984–2006) AZ 2 (1984–1984) DC 2 (2001–2004) MA 2 (1992–2014) ME 2 (1997–2001) NV 2 (1993–1996) RI 2 (1993–2010)

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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