relationship claim in Pennsylvania

2026Further, this Court has recognized that “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, are relevant.” Islas, 156 A.3d at 1191 .

2026In doing so, “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, are relevant.” Islas, 156 A.3d at 1190 .

2025Carrasquillo, supra at 705-06 , 115 A.3d at 1292 (internal citation omitted). “[B]oth the timing and the nature of the innocence claim, along with the relationship of that claim to the strength of the government’s evidence, are relevant.” Commonwealth v. Islas, 156 A.3d 1185, 1190 (Pa.Super. 2017) (internal footnote omitted).

2025Carrasquillo, supra at 705-06 , 115 A.3d at 1292 (internal citation omitted). “[B]oth the timing and the nature of the innocence claim, along with the relationship of that claim to the strength of the government’s evidence, are relevant.” Commonwealth v. Islas, 156 A.3d 1185, 1190 (Pa.Super. 2017) (footnote omitted).

2022Consistent with the well-established standards governing trial court discretion, it is important that appellate courts honor trial courts’ discretion in these matters, as trial courts are in the unique position to assess the credibility of claims of innocence and measure, under the circumstances, whether defendants have made sincere and colorable claims that permitting withdrawal of their pleas would promote fairness and justice. -6- J-S35027-21 Commonwealth v. Norton, 201 A.3d 112, 121 (Pa. 2019).

2020In doing so, “both the timing and the nature of the innocence claim, along with - 11 - J-S30038-20 the relationship of that claim to the strength of the government’s evidence, are relevant.” Commonwealth v. Norton, 201 A.3d 112, 121 (Pa. 2019) (citation omitted).

2023Carrasqullio, supra at 706 n.9, 115 A.3d at 1293 n.9 (declining to address prejudice to Commonwealth, because defendant failed to assert plausible claim of innocence); Commonwealth v. Hvizda, 632 Pa. 3, 9 , 116 A.3d 1103, 1107 (2015) (holding pre-sentence request to withdraw plea failed where defendant made only bare assertion of innocence).

2019See also Commonwealth v. Hvizda, 116 A.3d 1103, 1107 (Pa. 2015) (noting Carrasquillo’s holding that “a bald assertion of innocence” is no longer sufficient grounds to permit withdrawal of a guilty plea).

2021Id. at 424 (cleaned up).

2021Mason, supra at 424 (cleaned up).

1988In Commonwealth v. Musi, 486 Pa. 102 , [115-16,] 404 A.2d 378 [, 385] (1979), we held: A rule of exclusion is properly employed where the objection goes to the question of the reliability of the challenged evidence ... or reflects intolerable government conduct which is widespread and cannot otherwise be controlled____ Experience does not suggest there has been such a widespread and flagrant abuse of rule 2008(a) that would require the fashioning of a per se exclusionary rule for its violation____ Therefore, the imposition of a sanction requiring the exclusion of evidence that results from a s

1988In Commonwealth v. Musi, 486 Pa. 102 , [115-16,] 404 A.2d 378 [, 385] (1979), we held: A rule of exclusion is properly employed where the objection goes to the question of the reliability of the challenged evidence ... or reflects intolerable government conduct which is widespread and cannot otherwise be controlled____ Experience does not suggest there has been such a widespread and flagrant abuse of rule 2008(a) that would require the fashioning of a per se exclusionary rule for its violation____ Therefore, the imposition of a sanction requiring the exclusion of evidence that results from a s

2017Car rasquillo, 115 A.3d at 1293 (Stevens, J., concurring); accord Commonwealh v. Tennison, 969 A.2d 572, 573 (Pa.Super. 2009).

2010Commonwealth v. Mason, 507 Pa. 396 , 490 A.2d 421, 424 (1985) (emphasis in original) (quoting Commonwealth v. Musi, 486 Pa. 102 , 404 A.2d 378, 384-85 (1979)); see also Commonwealth v. Rucci, 543 Pa. 261 , 670 A.2d 1129, 1137 (1996) (only where violation of Rules concerning search and seizure implicates fundamental, constitutional concerns, is conducted in bad faith, or has substantially prejudiced defendant will exclusion be appropriate remedy).

2010Commonwealth v. Mason, 507 Pa. 396 , 490 A.2d 421, 424 (1985) (emphasis in original) (quoting Commonwealth v. Musi, 486 Pa. 102 , 404 A.2d 378, 384-85 (1979)); see also Commonwealth v. Rucci, 543 Pa. 261 , 670 A.2d 1129, 1137 (1996) (only where violation of Rules concerning search and seizure implicates fundamental, constitutional concerns, is conducted in bad faith, or has substantially prejudiced defendant will exclusion be appropriate remedy).

2004R.G. v. T.D., 448 Pa.Super. 525 , 672 A.2d 341, 342 (1996) (evidence that parties were formerly “sexual or intimate” partners established necessary relationship under the Act). ¶ 10 Furthermore, we find to hold to the contrary would be inconsistent with Section 6114 of the Act and Section 6302 of the Juvenile Act; both sections refer to contempt for violation of a PFA order.

2004R.G. v. T.D., 448 Pa.Super. 525 , 672 A.2d 341, 342 (1996) (evidence that parties were formerly “sexual or intimate” partners established necessary relationship under the Act). ¶ 10 Furthermore, we find to hold to the contrary would be inconsistent with Section 6114 of the Act and Section 6302 of the Juvenile Act; both sections refer to contempt for violation of a PFA order.

2002See Gorski v. Smith, 812 A.2d 683, 703 (Pa. Super. 2002) (and cases cited therein).

1998In particular, could any such confidences be detrimental to the former client in the current litigation?” Commonwealth Insurance Co. v. Graphix Hotline Inc., 808 F. Supp. 1200, 1204 (E.D.

1996The substantial relationship test requires the court to consider the following three factors: “(1) The nature and scope of the prior representation at issue; “(2) The nature of the present lawsuit against the former client; and “(3) Whether the former client disclosed confidences to the attorney which could be relevant and detrimental to the former client in the present action.” Reading Anthracite Co. v. Lehigh Coal & Navigation Co., 771 F. Supp. 113, 115 (E.D.

1994See also, In Re Birmingham Township, Delaware County, 142 Pa.Cmwlth. 317 , 597 A.2d 253 (1991) (“A Motion to Disqualify will also be granted if the representation ... is against a former client when a substantial relationship exists between the subject matter of each representation.”); Ettinger v. Cranberry Hill Corp., 665 F.Supp. 368 (M.D.Pa.1986); Kaminski Brothers Inc., v. Detroit Diesel *332 Allison, 638 F.Supp. 414 (M.D.Pa.1985); American Roller Company v. Budinger, 513 F.2d 982 (3d Cir.1975).

1994See also, In Re Birmingham Township, Delaware County, 142 Pa.Cmwlth. 317 , 597 A.2d 253 (1991) (“A Motion to Disqualify will also be granted if the representation ... is against a former client when a substantial relationship exists between the subject matter of each representation.”); Ettinger v. Cranberry Hill Corp., 665 F.Supp. 368 (M.D.Pa.1986); Kaminski Brothers Inc., v. Detroit Diesel *332 Allison, 638 F.Supp. 414 (M.D.Pa.1985); American Roller Company v. Budinger, 513 F.2d 982 (3d Cir.1975).

1992Kabo v. Summa Corp., 523 F. Supp. 1326, 1327 (E.D.

1990Richardson v. Hamilton International Corp., 333 F.Supp. 1049, 1053 (E.D.Pa.1971), aff’d 469 F.2d 1382 (3rd Cir.1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973) quoting Fleischer v. A.A.P., Inc., 163 F.Supp. 548, 552 (S.D.N.Y.1958).

1990Richardson v. Hamilton International Corp., 333 F.Supp. 1049, 1053 (E.D.Pa.1971), aff’d 469 F.2d 1382 (3rd Cir.1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973) quoting Fleischer v. A.A.P., Inc., 163 F.Supp. 548, 552 (S.D.N.Y.1958).