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7 Pennsylvania opinions name it 2 courts 2001–2017 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Gribblegreen2 sentences2007See also Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (citations omitted) (relaxed waiver did not apply to appellant’s suppression claim because he withdrew pre-trial motion to suppress and, as result, Commonwealth was denied opportunity to respond and this Court was left without proper evidentiary record). 2007See also Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (citations omitted) (relaxed waiver did not apply to appellant’s suppression claim because he withdrew pre-trial motion to suppress and, as result, Commonwealth was denied opportunity to respond and this Court was left without proper evidentiary record). | 5 | 5 |
Commonwealth v. Szuchongreen2 sentences2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 | 3 | 3 |
Commonwealth v. Wallacegreen2 sentences2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 | 3 | 3 |
Commonwealth v. Peterkingreen2 sentences2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 | 2 | 2 |
Commonwealth v. Abu-Jamalgreen2 sentences2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Freeman
green
2 sentences2007When faced with collateral claims that direct appeal counsel was ineffective in failing to invoke then-available relaxed waiver to secure review of a claim waived below, this Court has stressed the difficulty in determining the likelihood that the Court would have employed the discretionary doctrine: As this Court noted in Freeman, swpra, we have routinely declined to apply the discretionary relaxed waiver doctrine “in many instances, often involving situations where the failure to raise a claim below might have fallen within the realm of defense trial strategy, or when the absence of a contem 2007When faced with collateral claims that direct appeal counsel was ineffective in failing to invoke then-available relaxed waiver to secure review of a claim waived below, this Court has stressed the difficulty in determining the likelihood that the Court would have employed the discretionary doctrine: As this Court noted in Freeman, supra, we have routinely declined to apply the discretionary relaxed waiver doctrine "in many instances, often involving situations where the failure to raise a claim below might have fallen within the realm of defense trial strategy, or when the absence of a contem | 2 | 2004–2007 |
Mead Data Central, Inc. v. West Publishing Co.
green
2 sentences2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 | 2 | 2001–2003 |
LaBranche v. United States Olympic Committee
green
2 sentences2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court's obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 | 2 | 2001–2003 |
Commonwealth v. Howe
green
1 sentence2017Commonwealth v. Howe, 842 A.2d 436 , 445- 6 This is not an exhaustive list; members of the SOAB are permitted to examine information outside of the realm of these factors where appropriate. 19 446 (Pa. Super. 2004). | 1 | 2017–2017 |
Commonwealth v. O'Donnell
green
2 sentences2004Ultimately, the O'Donnell Majority held that the principles which governed jury waivers generally should also apply in the specific realm of the waiver of a penalty phase jury. 740 A.2d at 212 . 2004Ultimately, the O’Donnell Majority held that the principles which governed jury waivers generally should also apply in the specific realm of the waiver of a penalty phase jury. 740 A.2d at 212 . | 1 | 2004–2004 |
Simmons v. South Carolina
green
2 sentences2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 | 1 | 2003–2003 |
Commonwealth v. Spotz
green
2 sentences2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 2003E.g., Commonwealth v. Spotz, 563 Pa. 269 , 759 A.2d 1280 , 1291 n. 14 (2000) (waived issue under Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court’s obligation to issue Simmons charge requires defense request for charge); Commonwealth v. Gribble, 550 Pa. 62 , 703 A.2d 426, 434-35 (1997) (suppression issue waived where defendant withdrew pre-trial motion to suppress, thereby depriving Commonwealth of opportunity to meet burden of proving that evidence was lawfully seized); Commonwealth v. Wallace, 522 Pa. 297 , 56 | 1 | 2003–2003 |
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.
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.