plausibility claim (Pennsylvania) · Go Syfert
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plausibility claim in Pennsylvania

7 Pennsylvania opinions name it 1 courts 1942–2026 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 (5)

CaseFollowedCited
Commonwealth v. Islasgreen
pasuperct · 2017 · cited in 2 Pennsylvania opinions naming this issue, 2019–2024
2 sentences

2024In determining the plausibility of a claim of innocence, the trial court must assess “both the timing and the nature of the innocence claim, along with the relationship of that claim to the strength of the government’s evidence.” Islas, 156 A.3d at 1190 .

2019The trial court must consider the totality of the circumstances at the time of the withdrawal request, including “the statements made by the defendant in association with his declaration of innocence, and the plausibility of the defendant’s statements in light of the evidentiary proffer made by the Commonwealth at the plea hearing.” Johnson-Daniels, 167 A.3d at 24 .9 ____________________________________________ 9 Compare Commonwealth v. Islas, 156 A.3d 1185, 1192 (Pa.Super. 2017) (finding defendant’s claim of innocence was plausible where defendant had previously protested his innocence to law

12
Commonwealth v. Currygreen
pa · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019The trial court must consider the totality of the circumstances at the time of the withdrawal request, including “the statements made by the defendant in association with his declaration of innocence, and the plausibility of the defendant’s statements in light of the evidentiary proffer made by the Commonwealth at the plea hearing.” Johnson-Daniels, 167 A.3d at 24 .9 ____________________________________________ 9 Compare Commonwealth v. Islas, 156 A.3d 1185, 1192 (Pa.Super. 2017) (finding defendant’s claim of innocence was plausible where defendant had previously protested his innocence to law

11
Commonwealth v. Davisgreen
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019The trial court must consider the totality of the circumstances at the time of the withdrawal request, including “the statements made by the defendant in association with his declaration of innocence, and the plausibility of the defendant’s statements in light of the evidentiary proffer made by the Commonwealth at the plea hearing.” Johnson-Daniels, 167 A.3d at 24 .9 ____________________________________________ 9 Compare Commonwealth v. Islas, 156 A.3d 1185, 1192 (Pa.Super. 2017) (finding defendant’s claim of innocence was plausible where defendant had previously protested his innocence to law

11
Commonwealth v. Williamsgreen
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019The trial court must consider the totality of the circumstances at the time of the withdrawal request, including “the statements made by the defendant in association with his declaration of innocence, and the plausibility of the defendant’s statements in light of the evidentiary proffer made by the Commonwealth at the plea hearing.” Johnson-Daniels, 167 A.3d at 24 .9 ____________________________________________ 9 Compare Commonwealth v. Islas, 156 A.3d 1185, 1192 (Pa.Super. 2017) (finding defendant’s claim of innocence was plausible where defendant had previously protested his innocence to law

11
Commonwealth, Aplt. v. Carrasquillo, J.green
pa · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019See Commonwealth v. Carrasquillo , 631 Pa. 692 , 115 A.3d 1284 , 1292 (2015) (requiring an innocence claim be at least plausible to demonstrate a fair and just reason for presentence withdrawal of a guilty plea).

2019See Commonwealth v. Carrasquillo , 631 Pa. 692 , 115 A.3d 1284 , 1292 (2015) (requiring an innocence claim be at least plausible to demonstrate a fair and just reason for presentence withdrawal of a guilty plea).

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 (6)

CaseCitedYears
Commonwealth v. Norton, M., Aplt. green
pa · 2019
2 sentences

2026Norton, supra. Here, the court noted the interplay between these principles and found that Rodriguez did not meet his burden of asserting a plausible claim of innocence.

2020As such, Metheny’s claim of pressure lends no “substantive support to the plausibility of his claim of innocence.” Id. at 121 .

22020–2026
Commonwealth v. Johnson-Daniels green
pasuperct · 2017
2 sentences

2019The trial court must consider the totality of the circumstances at the time of the withdrawal request, including “the statements made by the defendant in association with his declaration of innocence, and the plausibility of the defendant’s statements in light of the evidentiary proffer made by the Commonwealth at the plea hearing.” Johnson-Daniels, 167 A.3d at 24 .9 ____________________________________________ 9 Compare Commonwealth v. Islas, 156 A.3d 1185, 1192 (Pa.Super. 2017) (finding defendant’s claim of innocence was plausible where defendant had previously protested his innocence to law

2018However, applying the guidelines set forth in Commonwealth v. Johnson-Daniels, 167 A.3d 17 , (Pa. Super. 2017), the timing of Appellant’s innocence claim and the statements he made in his May 2017 letters fatally undermine the plausibility of his claim of innocence.

22018–2019
Commonwealth v. Davis green
pa · 2019
1 sentence

2019The trial court must consider the totality of the circumstances at the time of the withdrawal request, including “the statements made by the defendant in association with his declaration of innocence, and the plausibility of the defendant’s statements in light of the evidentiary proffer made by the Commonwealth at the plea hearing.” Johnson-Daniels, 167 A.3d at 24 .9 ____________________________________________ 9 Compare Commonwealth v. Islas, 156 A.3d 1185, 1192 (Pa.Super. 2017) (finding defendant’s claim of innocence was plausible where defendant had previously protested his innocence to law

12019–2019
Graziano v. Pennsylvania Department of Corrections green
pa · 2015
1 sentence

2019The trial court must consider the totality of the circumstances at the time of the withdrawal request, including “the statements made by the defendant in association with his declaration of innocence, and the plausibility of the defendant’s statements in light of the evidentiary proffer made by the Commonwealth at the plea hearing.” Johnson-Daniels, 167 A.3d at 24 .9 ____________________________________________ 9 Compare Commonwealth v. Islas, 156 A.3d 1185, 1192 (Pa.Super. 2017) (finding defendant’s claim of innocence was plausible where defendant had previously protested his innocence to law

12019–2019
Com. of Pa. v. Fahey green
pasuperct · 1934
2 sentences

1942It has always been recognized that the trial judge in a criminal case has the right to express his opinion as to the credibility of the witnesses and pose questions as to the plausibility of the defense offered, provided he does not deprive the jury of its right to determine ultimately the facts: Com. of Pa. v. Fahey, 113 Pa. Superior Ct. 598, 608 , 173 A. 854 ; Commonwealth v. Watson, 117 Pa. Superior Ct. 594 , 178 A. 408 .

1942It has always been recognized that the trial judge in a criminal case has the right to express his opinion as to the credibility of the witnesses and pose questions as to the plausibility of the defense offered, provided he does not deprive the jury of its right to determine ultimately the facts: Com. of Pa. v. Fahey, 113 Pa. Superior Ct. 598, 608 , 173 A. 854 ; Commonwealth v. Watson, 117 Pa. Superior Ct. 594 , 178 A. 408 .

11942–1942
Commonwealth v. Watson green
pasuperct · 1935
2 sentences

1942It has always been recognized that the trial judge in a criminal case has the right to express his opinion as to the credibility of the witnesses and pose questions as to the plausibility of the defense offered, provided he does not deprive the jury of its right to determine ultimately the facts: Com. of Pa. v. Fahey, 113 Pa. Superior Ct. 598, 608 , 173 A. 854 ; Commonwealth v. Watson, 117 Pa. Superior Ct. 594 , 178 A. 408 .

1942It has always been recognized that the trial judge in a criminal case has the right to express his opinion as to the credibility of the witnesses and pose questions as to the plausibility of the defense offered, provided he does not deprive the jury of its right to determine ultimately the facts: Com. of Pa. v. Fahey, 113 Pa. Superior Ct. 598, 608 , 173 A. 854 ; Commonwealth v. Watson, 117 Pa. Superior Ct. 594 , 178 A. 408 .

11942–1942

Where else courts name it

CO 22 (2016–2026) PA 7 (1942–2026) FL 7 (2012–2019) CA 7 (2013–2026) MA 7 (1997–2026) DC 6 (2010–2025) MN 5 (2014–2023) VI 5 (2011–2025) OH 5 (2012–2024) WA 4 (2010–2025) NC 3 (2015–2020) LA 3 (2006–2014) IA 3 (2012–2026) NY 3 (1983–2024) TN 2 (2011–2016) KS 2 (2003–2024) WY 2 (2014–2014) AL 2 (1918–2010) NJ 2 (1993–2022) DE 2 (2018–2021) UT 2 (2014–2019) TX 2 (2015–2015) ME 2 (2020–2020)

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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