pleading and proof requirement (Pennsylvania) · Go Syfert
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pleading and proof requirement in Pennsylvania

6 Pennsylvania opinions name it 1 courts 2015–2023 2 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 (2)

CaseFollowedCited
Commonwealth v. Riversgreen
pa · 2001 · cited in 4 Pennsylvania opinions naming this issue, 2015–2020
2 sentences

2020“Inherent in this pleading and proof requirement is that the petitioner must not only state what his issues are, but also he must demonstrate in his pleadings and briefs how the issues will be proved.” Commonwealth v. Rivers, 786 A.2d 923, 927 (Pa. 2001).

2018"Inherent in this pleading and proof requirement is that the petitioner must not only state what his issues are, but also he must demonstrate in his pleadings and briefs how the issues will be proved." Commonwealth v. Rivers, 786 A.2d 923, 927 (Pa. 2001).

44
Commonwealth v. Bretzgreen
pasuperct · 2003 · cited in 2 Pennsylvania opinions naming this issue, 2023–2023
2 sentences

2023See 42 Pa.C.S. § 9543(a) (a PCRA “petitioner must plead and prove” his entitlement to relief under the PCRA “by a preponderance of the evidence”); Commonwealth v. Bretz, 830 A.2d 1273, 1276 (Pa. Super. 2003) (“Inherent in this pleading and proof requirement is that the petitioner must not only state what his issues are, but also he must demonstrate in his pleadings and briefs how the issues will be proved.”) (citation omitted).

2023Therefore, he did not prove his entitlement to relief on this claim as required by the PCRA. 42 Pa.C.S. § 9543(a) (a PCRA “petitioner must plead and prove” his entitlement to relief under the PCRA “by a preponderance of the evidence”); see also Commonwealth v. Bretz, 830 A.2d 1273, 1276 (Pa. Super. 2003) (“Inherent in this pleading and proof requirement is that the petitioner must not only state what his issues are, but also he must demonstrate in his pleadings and briefs how the issues will be proved.”) (citation omitted).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (5)

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.

Where else courts name it

CA 60 (1988–2023) PA 6 (2015–2023) TX 2 (1999–2025)

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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