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6 Pennsylvania opinions name it 3 courts 1962–2020 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Sheehangreen2 sentences2018Appellant timely appealed and both the trial court and Appellant have complied with ____________________________________________ 2 A petition for writ of error coram nobis “is generally available to challenge the validity of a judgment based on facts not before the court when the judgment was entered.” Commonwealth v. Sheehan, 285 A.2d 465, 467 (Pa. 1971). 3 From his petition, it is unclear the change in law to which Appellant refers. -2- J-A10044-18 Pa.R.A.P. 1925. 2017Appellant raises the following issues for our review: ____________________________________________ 3 A petition for writ of error coram nobis “is generally available to challenge the validity of a judgment based on facts not before the court when the judgment was entered.” Commonwealth v. Sheehan, 285 A.2d 465, 467 (Pa. 1971). 4 Miranda v. Arizona, 86 S.Ct. 1602 (1966). -2- J-S16026-17 1. | 2 | 2 |
Commonwealth v. Taylorgreen2 sentences2020As stated by the Superior Court in Commonwealth v. Taylor, 165 A.2d 390, 391 (Pa. Super. 1960), “a petition for writ of error coram nobis . . . cannot be used as . . . a substitute for an appeal.” 20 (“Failure to timely appeal an administrative agency’s action is a jurisdictional defect . . . .”). 1962This court, per Dannehower, P. J., denied the writ and dismissed the petition, stating: “At the trial, he (petitioner) was represented by able and competent counsel, and no motion for a new trial or in arrest of judgment were filed. “ ‘The writ of error coram nobis lies where some fact exists outside of the record, which fact was not known at the time the judgment was rendered, through no' fault of the petitioner, and which fact, if known, would have prevented judgment.’ Commonwealth v. Taylor, 193 Pa. Superior Ct. 360 . (syllabus) “A petitioner for a writ of coram nobis, or writ of habeas cor | 1 | 2 |
Commonwealth v. Descardesgreen1 sentence2016See Commonwealth v. Descardes, 101 A.3d 105, 109 (Pa. Super. 2014). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth, Aplt v. Descares
green
1 sentence2018In Commonwealth v. Descardes, 136 A.3d 493 (Pa. 2016), our Supreme Court held that the trial court’s treatment of a petition for writ of error coram nobis as a PCRA petition was proper, citing the plain language of section 9542 of the PCRA: This subchapter provides for an action by which persons convicted of crimes they did not commit and persons serving illegal sentences may obtain collateral relief. | 1 | 2018–2018 |
Miranda v. Arizona
green
1 sentence2017Appellant raises the following issues for our review: ____________________________________________ 3 A petition for writ of error coram nobis “is generally available to challenge the validity of a judgment based on facts not before the court when the judgment was entered.” Commonwealth v. Sheehan, 285 A.2d 465, 467 (Pa. 1971). 4 Miranda v. Arizona, 86 S.Ct. 1602 (1966). -2- J-S16026-17 1. | 1 | 2017–2017 |
Padilla v. Kentucky
green
1 sentence2016On October 6, 2015, Appellee filed a petition for writ of error coram nobis on the basis of Padilla v. Kentucky, 559 U.S. 356 (2010), arguing that his counsel was ineffective for failing to advise him of the possible immigration consequences of pleading guilty. | 1 | 2016–2016 |
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.
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.