avenues challenge (Pennsylvania) · Go Syfert
← Pennsylvania issues

avenues challenge in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1976–2022 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 (4)

CaseFollowedCited
George v. Beardgreen
pacommwct · 2003 · cited in 4 Pennsylvania opinions naming this issue, 2003–2022
2 sentences

2022George v. Beard, 824 A.2d 393, 396 (Pa. Cmwlth. 2003) (“[W]hile in custody under sentence, an offender’s sole avenues to challenge payment of financial aspects of the sentence are direct appeal or postconviction proceedings.”).

2019We noted that “‘while in custody under sentence, an offender’s sole avenues to challenge payment of financial aspects of the sentence are direct appeal and postconviction proceedings’” and that “‘[t]hese avenues are adequate remedies at law for an offender in custody to challenge any aspect of the sentence.’” Id. (quoting George, 824 A.2d at 396 ).

24
Buck v. Beardgreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See also Buck v. Beard, 879 A.2d 157, 161 (Pa. 2005) (due process does not require a judicial hearing regarding an inmate’s ability to pay after his sentencing hearing); Bundy v. Wetzel (Pa. Cmwlth., No. 553 M.D. 2016, filed April 12, 2019) (unreported), slip op. at 18 (offender not entitled to an ability-to-pay hearing, or means to object to Act 84 9 deductions, whenever there is a material change in circumstances).7 “[W]hile in custody under sentence, an offender’s sole avenues to challenge payment of financial aspects of sentence are direct appeal or postconviction proceedings.” George, 824

11
Commonwealth v. McGrogangreen
pa · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1976–1976
2 sentences

1976Since counsel did not make a “considered choice, made with a ‘reasonable basis,’ ” Commonwealth v. McGrogan, 449 Pa. 584, 591 , 297 A.2d 456, 460 (1972), we conclude that counsel was ineffective.

1976Since counsel did not make a “considered choice, made with a ‘reasonable basis,’ ” Commonwealth v. McGrogan, 449 Pa. 584, 591 , 297 A.2d 456, 460 (1972), we conclude that counsel was ineffective.

11
United States v. Ronald Richard Fishergreen
ca4 · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1976–1976
1 sentence

1976As the Fourth Circuit aptly observed in United States v. Fisher, 477 F.2d 300, 302-303 (4th Cir. 1973), “[a] defendant who is subjected to the possibility of incarceration is entitled to have the avenues of defense explored by his counsel during the preparation of the case.” Accord, ABA Project on Standards for Criminal Justice, Standards Relating to the Defense Function §4.1, at 225-228 (Approved Draft, 1971). *346 For the foregoing reasons, we conclude that trial counsel’s failure to give notice of an alibi defense was not grounded upon a conscious choice made after a consideration of the st

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 (1)

CaseCitedYears
Ingram v. Newman green
pacommwct · 2003
2 sentences

2019We noted that “‘while in custody under sentence, an offender’s sole avenues to challenge payment of financial aspects of the sentence are direct appeal and postconviction proceedings’” and that “‘[t]hese avenues are adequate remedies at law for an offender in custody to challenge any aspect of the sentence.’” Id. (quoting George, 824 A.2d at 396 ).

2019We noted that “‘while in custody under sentence, an offender’s sole avenues to challenge payment of financial aspects of the sentence are direct appeal and postconviction proceedings’” and that “‘[t]hese avenues are adequate remedies at law for an offender in custody to challenge any aspect of the sentence.’” Id. (quoting George, 824 A.2d at 396 ).

22019–2019

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9728 (4) PA § 42 Pa. Cons. Stat. § 9726 (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

PA 6 (1976–2022) IL 2 (2006–2006) CA 2 (1963–2012)

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.

← Caselaw search · G Cite Topics · Brief Check