petitioner asserting exception (Pennsylvania) · Go Syfert
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petitioner asserting exception in Pennsylvania

6 Pennsylvania opinions name it 2 courts 2007–2024 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 (6)

CaseFollowedCited
Commonwealth v. Chambersgreen
pasuperct · 2011 · cited in 2 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019See 42 Pa.C.S.A. § 9545(b)(1)-(b)(2).1 To assert the newly-created-constitutional-right exception under Section 9545(b)(1)(iii), “a petitioner must prove that there is a new constitutional right and that the right has been held by that court to apply retroactively.” Commonwealth v. Chambers, 35 A.3d 34, 41 (Pa.Super. 2011), appeal denied, 616 Pa. 625 , 46 A.3d 715 (2012).

2019See 42 Pa.C.S.A. § 9545(b)(1)-(b)(2).1 To assert the newly-created-constitutional-right exception under Section 9545(b)(1)(iii), “a petitioner must prove that there is a new constitutional right and that the right has been held by that court to apply retroactively.” Commonwealth v. Chambers, 35 A.3d 34, 41 (Pa.Super. 2011), appeal denied, 616 Pa. 625 , 46 A.3d 715 (2012).

22
Missouri v. Fryegreen
scotus · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Frye, 566 U.S. at 147 (holding a petitioner asserting a claim of trial counsel’s ineffectiveness in connection with a plea offer “must demonstrate a reasonable probability they would have accepted the earlier plea offer had they been afforded effective assistance of counsel.”).

11
Commonwealth v. Turnergreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
2 sentences

2016See 42 Pa.C.S.A. § ____________________________________________ 1 See Commonwealth v. Turner, 518 Pa. 491 , 544 A.2d 927 (1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988) (en banc). 2 The amended PCRA petition is not in the certified record. -2- J-S43015-16 9545(b)(1-2).

2016See 42 Pa.C.S.A. § ____________________________________________ 1 See Commonwealth v. Turner, 518 Pa. 491 , 544 A.2d 927 (1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988) (en banc). 2 The amended PCRA petition is not in the certified record. -2- J-S43015-16 9545(b)(1-2).

11
Commonwealth v. Finleygreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See 42 Pa.C.S.A. § ____________________________________________ 1 See Commonwealth v. Turner, 518 Pa. 491 , 544 A.2d 927 (1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988) (en banc). 2 The amended PCRA petition is not in the certified record. -2- J-S43015-16 9545(b)(1-2).

11
Commonwealth v. Bakergreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007In one case, the Superior Court specifically held that a petitioner asserting the exception provided in 42 Pa.C.S. § 9545(b)(1)(ii) had to meet the statutory requirements and, in addition, show that these new facts constituted "`exculpatory evidence' that `would have changed the outcome of the trial if it had been introduced.'" Commonwealth v. Palmer, 814 A.2d 700 (Pa.Super.2002) (citing 42 Pa.C.S. § 9543(a)(2)(vi) and Commonwealth v. Yarris, 557 Pa. 12 , 731 A.2d 581, 588-91 (1999)); see also Commonwealth v. Baker, 828 A.2d 1146, 1147 (Pa.Super.2003) (following Palmer ).

2007In one case, the Superior Court specifically held that a petitioner asserting the exception provided in 42 Pa.C.S. § 9545(b)(1)(h) had to meet the statutory requirements and, in addition, show that these new facts constituted “ ‘exculpatory evidence’ that ‘would have changed the outcome of the trial if it had been introduced.’ ” Commonwealth v. Palmer, 814 A.2d 700 (Pa.Super.2002) (citing 42 Pa.C.S. § 9543(a)(2)(vi) and Commonwealth v. Yarris, 557 Pa. 12 , 731 A.2d 581, 588-91 (1999)); see also Commonwealth v. Baker, 828 A.2d 1146, 1147 (Pa.Super.2003) (following Palmer).

11
Commonwealth v. Yarrisgreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007In one case, the Superior Court specifically held that a petitioner asserting the exception provided in 42 Pa.C.S. § 9545(b)(1)(h) had to meet the statutory requirements and, in addition, show that these new facts constituted “ ‘exculpatory evidence’ that ‘would have changed the outcome of the trial if it had been introduced.’ ” Commonwealth v. Palmer, 814 A.2d 700 (Pa.Super.2002) (citing 42 Pa.C.S. § 9543(a)(2)(vi) and Commonwealth v. Yarris, 557 Pa. 12 , 731 A.2d 581, 588-91 (1999)); see also Commonwealth v. Baker, 828 A.2d 1146, 1147 (Pa.Super.2003) (following Palmer).

2007In one case, the Superior Court specifically held that a petitioner asserting the exception provided in 42 Pa.C.S. § 9545(b)(1)(h) had to meet the statutory requirements and, in addition, show that these new facts constituted “ ‘exculpatory evidence’ that ‘would have changed the outcome of the trial if it had been introduced.’ ” Commonwealth v. Palmer, 814 A.2d 700 (Pa.Super.2002) (citing 42 Pa.C.S. § 9543(a)(2)(vi) and Commonwealth v. Yarris, 557 Pa. 12 , 731 A.2d 581, 588-91 (1999)); see also Commonwealth v. Baker, 828 A.2d 1146, 1147 (Pa.Super.2003) (following Palmer).

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
Commonwealth v. Khalil green
pasuperct · 2002
1 sentence

2017Commonwealth v. Khalil, 806 A.2d 415 (Pa. Super. 2002).

12017–2017
Commonwealth v. Palmer green
pasuperct · 2002
2 sentences

2007In one case, the Superior Court specifically held that a petitioner asserting the exception provided in 42 Pa.C.S. § 9545(b)(1)(ii) had to meet the statutory requirements and, in addition, show that these new facts constituted "`exculpatory evidence' that `would have changed the outcome of the trial if it had been introduced.'" Commonwealth v. Palmer, 814 A.2d 700 (Pa.Super.2002) (citing 42 Pa.C.S. § 9543(a)(2)(vi) and Commonwealth v. Yarris, 557 Pa. 12 , 731 A.2d 581, 588-91 (1999)); see also Commonwealth v. Baker, 828 A.2d 1146, 1147 (Pa.Super.2003) (following Palmer ).

2007In one case, the Superior Court specifically held that a petitioner asserting the exception provided in 42 Pa.C.S. § 9545(b)(1)(h) had to meet the statutory requirements and, in addition, show that these new facts constituted “ ‘exculpatory evidence’ that ‘would have changed the outcome of the trial if it had been introduced.’ ” Commonwealth v. Palmer, 814 A.2d 700 (Pa.Super.2002) (citing 42 Pa.C.S. § 9543(a)(2)(vi) and Commonwealth v. Yarris, 557 Pa. 12 , 731 A.2d 581, 588-91 (1999)); see also Commonwealth v. Baker, 828 A.2d 1146, 1147 (Pa.Super.2003) (following Palmer).

12007–2007

Where else courts name it

PA 6 (2007–2024) CT 3 (2003–2014) OH 2 (2022–2022)

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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