claim alleging error (Pennsylvania) · Go Syfert
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claim alleging error in Pennsylvania

6 Pennsylvania opinions name it 3 courts 2008–2021 1 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
Jones v. Riveragreen
pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Jones v. Rivera, 866 A.2d 1148, 1150 (Pa. Super. 2005).

11
Commonwealth v. Crorkgreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Commonwealth v. Crork, 966 A.2d 585, 590 (Pa. Super. 2009) (holding a claim that a sentence is excessive because trial court improperly relied only on prior record raised a substantial question for review).

11
Lockhart v. Listgreen
pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Lockhart v. List, 665 A.2d 1176, 1179 (Pa. 1995).

11
Commonwealth v. Mallorygreen
pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008See Mallory, 941 A.2d at 697-98 (jury waiver context) (the "not uncommon my-record-waiver-was-my-lawyer's-fault claim is far removed from the `constitutional, structural' error that would be at issue if a timely jury demand was wrongly denied"). "[L]awyers have an obligation to counsel their clients in conjunction with the waiver of basic rights" and "[w]hen a presumptively-valid waiver is collaterally attacked under the guise of ineffectiveness of counsel, it must be analyzed like any other ineffectiveness claim," and must focus on the totality of relevant circumstances.

2008See Mallory, 941 A.2d at 697-98 (jury waiver context) (the “not uncommon my-record-waiver-was-my-lawyer’s-fault claim is far removed from the ‘constitutional, structural’ error that would be at issue if a timely jury demand was wrongly denied”). “[L]awyers have an obligation to counsel their clients in conjunction with the waiver of basic rights” and “[w]hen a presumptively-valid waiver is collaterally attacked under the guise of ineffec tiveness of counsel, it must be analyzed like any other ineffectiveness claim,” and must focus on the totality of relevant circumstances.

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 (2)

CaseCitedYears
Zane v. Friends Hospital green
pa · 2003
1 sentence

2017Zane, 836 A.2d at 30 n.8.

12017–2017
Commonwealth v. Daniels green
pa · 2009
2 sentences

2016In Commonwealth v. Daniels, 600 Pa. 1 , 963 A.2d 409 (2009), a charge similar to the one given herein was determined to be proper when .considered together with the trial court's entire jury charge. 10 Next, defendant asserts that the "trial" court erred by denying him relief on a claim alleging that that appellate counsel was ineffective for not raising a claim alleging that error was committed at trial by allowing the admission in evidence of defendant's prior robbery conviction because that convictionoccurred more than ten years prior to the date of defendant's trial.

2016In Commonwealth v. Daniels, 600 Pa. 1 , 963 A.2d 409 (2009), a charge similar to the one given herein was determined to be proper when .considered together with the trial court's entire jury charge. 10 Next, defendant asserts that the "trial" court erred by denying him relief on a claim alleging that that appellate counsel was ineffective for not raising a claim alleging that error was committed at trial by allowing the admission in evidence of defendant's prior robbery conviction because that convictionoccurred more than ten years prior to the date of defendant's trial.

12016–2016

Where else courts name it

CA 15 (2018–2026) NY 12 (1983–2022) TX 6 (2006–2024) MT 6 (1998–2004) PA 6 (2008–2021) CT 5 (2007–2021) MI 4 (2016–2026) OR 4 (1993–2019) NJ 4 (1985–2007) IL 3 (2011–2020) WA 2 (2012–2021) AL 2 (2005–2007) IN 2 (1997–2016) FL 2 (2012–2015) HI 2 (1995–2010) MO 2 (2008–2022)

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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