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

6 Pennsylvania opinions name it 3 courts 1992–2025 4 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. Craftgreen
pasuperct · 1982 · cited in 2 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024Ct. Op., 3/19/2022, at 6. 10 See, e.g., Commonwealth v. Bryant, 458 A.2d 1010, 1012 (Pa. Super. 1983) (“It has been held that a court, in imposing sentence may consider prior arrests . . . as long as the court realizes that the defendant had not been convicted on those prior charges.”) (quoting Commonwealth v. Craft, 450 A.2d 1021, 1024 (Pa. Super. 1981)). [J-9A-2024 and J-9B-2024] - 5 The Superior Court affirmed.

2024Ct. Op., 3/19/2022, at 6. 10 See, e.g., Commonwealth v. Bryant, 458 A.2d 1010, 1012 (Pa. Super. 1983) (“It has been held that a court, in imposing sentence may consider prior arrests . . . as long as the court realizes that the defendant had not been convicted on those prior charges.”) (quoting Commonwealth v. Craft, 450 A.2d 1021, 1024 (Pa. Super. 1981)). [J-9A-2024 and J-9B-2024] - 5 The Superior Court affirmed.

22
Commonwealth v. Bryantgreen
pasuperct · 1983 · cited in 2 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024Ct. Op., 3/19/2022, at 6. 10 See, e.g., Commonwealth v. Bryant, 458 A.2d 1010, 1012 (Pa. Super. 1983) (“It has been held that a court, in imposing sentence may consider prior arrests . . . as long as the court realizes that the defendant had not been convicted on those prior charges.”) (quoting Commonwealth v. Craft, 450 A.2d 1021, 1024 (Pa. Super. 1981)). [J-9A-2024 and J-9B-2024] - 5 The Superior Court affirmed.

2024Ct. Op., 3/19/2022, at 6. 10 See, e.g., Commonwealth v. Bryant, 458 A.2d 1010, 1012 (Pa. Super. 1983) (“It has been held that a court, in imposing sentence may consider prior arrests . . . as long as the court realizes that the defendant had not been convicted on those prior charges.”) (quoting Commonwealth v. Craft, 450 A.2d 1021, 1024 (Pa. Super. 1981)). [J-9A-2024 and J-9B-2024] - 5 The Superior Court affirmed.

22
Commonwealth v. Berrygreen
pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Berry, 877 A.2d 479, 484 (Pa. Super. 2005) (holding that a claim that the defendant was sentenced in violation of his plea agreement does not implicate the legality of his sentence, and that Berry’s challenge to his sentence on that basis was waived).

11
Commonwealth v. Luketicgreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Commonwealth v. Luketic, 162 A.3d 1149, 1159 (Pa. Super. 2017) (holding that when a defendant enters a guilty plea which does not involve a plea bargain designating the sentence to be imposed, he waives the right to challenge all non-jurisdictional defects except the legality of the sentence and the validity of the plea, but retains the right to challenge the discretionary aspects of his sentence). -8- J-S23027-21 the discretionary aspects of his sentence.8 Additionally, Berry’s brief includes a Rule 2119(f) statement.

11
Kemp v. Workmen's Compensation Appeal Boardgreen
pacommwct · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1992–1992
1 sentence

1992Kemp v. Workmen’s Compensation Appeal Board (Elkland Electric Co.), 121 Pa.Commonwealth Ct. 23, 549 A.2d 1365 *689 (1988) , petition for allowance of appeal denied, 523 Pa. 652 , 567 A.2d 655 (1989).

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
Woods v. Commonwealth Department of Transportation red
pa · 1992
2 sentences

1993In Woods v. Commonwealth, Dept. of Trans., 531 Pa. 295 , 612 A.2d 970 (1992), plaintiff sued the Department of Transportation (“DOT”) for personal injuries.

1993In Woods v. Commonwealth, Dept. of Trans., 531 Pa. 295 , 612 A.2d 970 (1992), plaintiff sued the Department of Transportation (“DOT”) for personal injuries.

11993–1993

Where else courts name it

UT 20 (1992–2024) LA 20 (1988–2006) MS 14 (1992–2023) CA 11 (2000–2026) GA 7 (1979–2022) PA 6 (1992–2025) TX 5 (1986–2025) OH 5 (1999–2025) VA 5 (1995–2022) WA 5 (1979–2017) NJ 4 (1990–2023) AL 4 (1989–2023) ID 3 (1986–1991) VI 3 (2013–2017) WY 3 (1984–2004) MD 3 (1993–2011) MO 3 (1959–2020) MA 3 (2011–2012) DC 2 (2001–2024) MT 2 (2005–2010) IN 2 (1998–2015) OK 2 (2003–2005) KS 2 (1999–2003) ME 2 (1998–2020) AK 2 (2013–2016) NY 2 (1972–1989) KY 2 (2023–2023) AZ 2 (1991–2011)

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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