has determined waiver (Pennsylvania) · Go Syfert
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has determined waiver in Pennsylvania

6 Pennsylvania opinions name it 1 courts 2016–2019 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.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Rochegreen
pasuperct · 2017 · cited in 5 Pennsylvania opinions naming this issue, 2017–2019
2 sentences

2019Commonwealth v. Roche, 153 A.3d 1063, 1072 (Pa. Super. 2017).

2019Roche, 153 A.3d at 1072 .

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Commonwealth v. Tyackgreen
pasuperct · 2015 · cited in 2 Pennsylvania opinions naming this issue, 2018–2019
2 sentences

2019Roche, 153 A.3d at 1072 (holding that where Roche was convicted of first -degree murder and criminal conspiracy, a concise statement asserting only that the evidence was insufficient to sustain these convictions resulted in waiver); Commonwealth v. Tyack, 128 A.3d 254, 260 (Pa. Super. 2015) (holding that Tyack's "boilerplate" concise statement declaring "that the evidence was insufficient to support his conviction" was too vague even where Tyack was convicted only of one crime).

2018Roche, 153 A.3d at 1072 (holding that where Roche was convicted of first-degree murder and criminal conspiracy, a concise statement asserting only that the evidence was insufficient to sustain these convictions resulted in waiver); Commonwealth v. Tyack, 128 A.3d 254, 260 (Pa. Super. 2015) (holding that Tyack’s “boilerplate” concise statement declaring “that the evidence was insufficient to support his conviction” was too vague even where Tyack was convicted only of one crime); but see Commonwealth v. Laboy, 936 A.2d 1058, 1060 (Pa. 2007) (holding that this Court erred in concluding Laboy had

22
Commonwealth v. Watsongreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Commonwealth v. Watson, 835 A.2d 786, 801 (Pa.Super. 2003). -5- J-S41043-16 In his brief, Appellant raises the following issue for our review: Whether the PCRA [c]ourt erred by denying [Appellant] grant of an appeal nunc pro tunc because trial counsel was ineffective for failing to file a motion for reconsideration of sentence that was in the aggravated guideline range and this issue was waived for appellate review.

11
Commonwealth v. Wrecksgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Thus, the instant PCRA petition is timely. 4 While this Court has determined a claim challenging the discretionary aspects of a sentence is not cognizable under the PCRA, Commonwealth v. Wrecks, 934 A.2d 1287, 1289 (Pa.Super. 2007), we have held that a claim regarding the discretionary aspects of a sentence raised in the context of an ineffectiveness claim is cognizable under the PCRA.

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Distinguished, questioned or overruled (1)

CaseNegativeCited
Commonwealth v. Laboygreen
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Roche, 153 A.3d at 1072 (holding that where Roche was convicted of first-degree murder and criminal conspiracy, a concise statement asserting only that the evidence was insufficient to sustain these convictions resulted in waiver); Commonwealth v. Tyack, 128 A.3d 254, 260 (Pa. Super. 2015) (holding that Tyack’s “boilerplate” concise statement declaring “that the evidence was insufficient to support his conviction” was too vague even where Tyack was convicted only of one crime); but see Commonwealth v. Laboy, 936 A.2d 1058, 1060 (Pa. 2007) (holding that this Court erred in concluding Laboy had

11

Where else courts name it

LA 7 (1957–2012) PA 6 (2016–2019) TN 4 (2015–2015) CA 2 (2016–2020) MO 2 (1972–1996) WY 2 (1992–2002) FL 2 (2012–2018)

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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