merit claim (Pennsylvania) · Go Syfert
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merit claim in Pennsylvania

43 Pennsylvania opinions name it 10 courts 1926–2026 10 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 (22)

CaseFollowedCited
Commonwealth v. Piercegreen
pa · 1987 · cited in 2 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See Pierce, 527 A.2d at 975-76 (enumerating elements of PCRA ineffectiveness claims).

2021See Pierce, 527 A.2d at 975-76 (enumerating elements of PCRA ineffectiveness claims).

22
Commonwealth v. Grantgreen
pa · 2002 · cited in 4 Pennsylvania opinions naming this issue, 2003–2005
2 sentences

2005“Second, even presuming the merit of the claim is apparent on the existing record, oftentimes, demonstrating trial counsel’s ineffectiveness will involve facts that are not available on the record.” Id.

2005"Second, even presuming the merit of the claim is apparent on the existing record, oftentimes, demonstrating trial counsel's ineffectiveness will involve facts that are not available on the record." Id.

14
In Re SWgreen
pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026“Mere assertion of ineffectiveness of counsel is not the basis of a remand or rehearing, and despite a finding of ineffectiveness on one or more aspects of the case, if the result would unlikely have been different despite a more perfect stewardship, the decree must stand.” S.W., 781 A.2d at 1249 (citation omitted). - 42 - J-A06038-26 Father has failed to establish the merit of his claim, let alone that Attorney Crist’s failure in this regard was cause of the decree.

11
Commonwealth v. Fullingreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024"Sentencing is a matter vested in the sound discretion of the sentencing judge, and a sentence will not be disturbed on appeal absent a manifest abuse of discretion." Commonwealth v. Fullin, 892 A.2d 843, 847 (Pa. Super. 2006) (citation omitted).

11
Commonwealth v. Riveragreen
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Commonwealth v. Rivera, 939 A,2d 355, 359 (Pa. Super. 2007). - 15 - J-A11008-23 Additionally, Judge Tranquilli’s well-documented history of highly inappropriate behavior arguably corroborates the certified statements of Appellant’s two witnesses.

11
Commonwealth v. Dempstergreen
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Because Lomax raises an issue concerning a discretionary aspect of his sentence, he must invoke this Court’s jurisdiction to consider the merits of his claim by satisfying the following requirements: (1) filing a timely notice of appeal; (2) properly preserving the issue at sentencing or in a motion to reconsider and modify the sentence; (3) complying with Pa.R.A.P. 2119(f), which requires a separate section of the brief setting forth “a concise statement of the reasons relied upon for allowance of appeal with respect to the discretionary aspects of a sentence[;]” and (4) presenting a substant

11
Gagnon v. Scarpellired
scotus · 1973 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Hughes, 977 A.2d at 25 -26 (quoting Gagnon v. Scarpelli, 411 U.S. 778, 790 (1973)).

11
Commonwealth v. Jonesgreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Commonwealth v. Jones, 815 A.2d 598, 612 (Pa. 2002) (mere boilerplate allegations are inadequate to meet the affirmative burden to rebut the presumption that counsel was competent and effective).

11
Rendell v. Pennsylvania State Ethics Commissiongreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
2 sentences

2020See generally Rendell v. Pa. State Ethics Comm’n, 603 Pa. 292, 309 , 983 A.2d 708, 718 (2009) (recognizing that this Court’s mandate is to the “decide the discrete legal issue presented to us”).

2020See generally Rendell v. Pa. State Ethics Comm’n, 603 Pa. 292, 309 , 983 A.2d 708, 718 (2009) (recognizing that this Court’s mandate is to the “decide the discrete legal issue presented to us”).

11
Commonwealth v. Jonesgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Com. v. Perrin, 947 A.2d 1284, 1285 (Pa. Super. 2008) (“If the petition is determined to be untimely, and no exception has been pled and proven, the petition must be dismissed without a hearing because Pennsylvania courts are without jurisdiction to consider the merits of the petition.”); see also Com. v. Jones, 932 A.2d 179, 182 (Pa. Super. 2007) (where petitioner files untimely PCRA petition raising legality of sentence claim, jurisdictional limits of PCRA render claim incapable of review) . . .

11
Commonwealth v. Minergreen
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Comm. v. Miner, 44 A.3d 684, 687 (Pa. Super.

11
Commonwealth v. Perringreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Com. v. Perrin, 947 A.2d 1284, 1285 (Pa. Super. 2008) (“If the petition is determined to be untimely, and no exception has been pled and proven, the petition must be dismissed without a hearing because Pennsylvania courts are without jurisdiction to consider the merits of the petition.”); see also Com. v. Jones, 932 A.2d 179, 182 (Pa. Super. 2007) (where petitioner files untimely PCRA petition raising legality of sentence claim, jurisdictional limits of PCRA render claim incapable of review) . . .

11
Commonwealth v. Hallgreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Since the Petitioner must prove the underlying merit of his claim, he must also develop all three prongs of the Strickland test as to the ineffectiveness of trial counsel, Commonwealth v. Hall, 872 A.2d 1177, 1184 (Pa. 2005) (citing McGill, 832 A.2d at 1022). 6 In his first issue, the Petitioner alleges that trial counsel was ineffective for failure to request a mistrial after the Commonwealth stated that the Petitioner communicated with a . witness while imprisoned on an unrelated matter.

11
Commonwealth v. Lairdgreen
pa · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Laird, supra at 978 ; Robinson, supra at 439 .

11
Commonwealth v. Mooregreen
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Moore, supra at 1366 ; Faust, supra at 1266 .

11
Commonwealth v. Millergreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Commonwealth v. Miller, 102 A.3d 988, 995-96 (Pa. Super. 2014) (footnote omitted).

11
Commonwealth v. Browngreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
11
Commonwealth v. Christygreen
pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
11
Commonwealth v. Blasioligreen
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
11
Commonwealth v. McGethgreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 1998–1998
11
Commonwealth v. Goinsgreen
pa · 1974 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
11
Keating v. Belchergreen
pa · 1956 · cited in 1 Pennsylvania opinions naming this issue, 1974–1974
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Rutledge v. Commonwealthgreen
pacommwct · 1986 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
11

Also cited on this issue (26)

CaseCitedYears
Auten v. Auten green
ny · 1954
2 sentences

2014As said in Babcock v. Jackson, supra, 12 N.Y.2d at 481, 240 N.Y.S.2d at 749, 191 N.E.2d at 283, ‘The merit of such a rule is that ‘it gives to the place ‘having the most interest in the problem’ paramount control over the legal issues arising out of a particular factual context’ and thereby allows the forum to apply ‘the policy of the jurisdiction ‘most intimately concerned with the outcome of [the] particular litigation’.’ (Auten v. Auten, 308 N.Y. 155, 161 , 124 N.E.2d 99, 102 , supra.)’” (footnote omitted) The Griffith Rule... “a workable, fair and flexible approach to choice of law....” 20

2014As said in Babcock v. Jackson, supra, 12 N.Y.2d at 481, 240 N.Y.S.2d at 749, 191 N.E.2d at 283, ‘The merit of such a rule is that ‘it gives to the place ‘having the most interest in the problem’ paramount control over the legal issues arising out of a particular factual context’ and thereby allows the forum to apply ‘the policy of the jurisdiction ‘most intimately concerned with the outcome of [the] particular litigation’.’ (Auten v. Auten, 308 N.Y. 155, 161 , 124 N.E.2d 99, 102 , supra.)’” (footnote omitted) The Griffith Rule... “a workable, fair and flexible approach to choice of law....” 20

51964–2014
Griffith v. United Air Lines, Inc. green
pa · 1964
2 sentences

2005As said in Babcock v. Jackson, supra, 12 N.Y.2d at 481, 240 N.Y.S.2d at 749, 191 N.E.2d at 283, “The merit of such a rule is that ‘it gives to the place “having the most interest in the problem” paramount control over the legal issues arising out of a particular factual context’ and thereby allows the forum to apply ‘the policy of the jurisdiction “most intimately concerned with the outcome of [the] particular litigation”.’ (Auten v. Auten, 308 N.Y. 155, 161 , 124 N.E.2d 99, 102 , supra.)” Id. at 805-06 (footnote omitted). ¶ 10 Our Supreme Court further clarified the Griffith rule six years la

2005As said in Babcock v. Jackson, supra, 12 N.Y.2d at 481, 240 N.Y.S.2d at 749, 191 N.E.2d at 283, “The merit of such a rule is that ‘it gives to the place “having the most interest in the problem” paramount control over the legal issues arising out of a particular factual context’ and thereby allows the forum to apply ‘the policy of the jurisdiction “most intimately concerned with the outcome of [the] particular litigation”.’ (Auten v. Auten, 308 N.Y. 155, 161 , 124 N.E.2d 99, 102 , supra.)” Id. at 805-06 (footnote omitted). ¶ 10 Our Supreme Court further clarified the Griffith rule six years la

31969–2005
Butler v. Illes green
pasuperct · 2000
2 sentences

2017Butler v. Illes, 747 A.2d 943 (Pa.Super. 2000).

2017Butler v. Illes, 747 A.2d 943 (Pa.Super. 2000).

22017–2017
New York State Rifle & Pistol Assn., Inc. v. Bruen green
scotus · 2022
1 sentence

2026Specifically, we are unable to determine the merit of his claim that the Commonwealth failed to satisfy its burden of justifying the firearm regulations at issue at the hearing “by demonstrating that [the regulations are] consistent with the Nation’s historical tradition of firearm regulation.” Bruen, 597 U.S. 1, 24 .

12026–2026
Commonwealth v. Loner green
pasuperct · 2003
1 sentence

2025Loner, supra. In sum, our independent review of Tucker’s issue supports PCRA counsel’s opinion that Tucker’s claim on appeal lacks merit.

12025–2025
Hughes v. Pennsylvania Board of Probation & Parole green
pacommwct · 2009
1 sentence

2021Hughes, 977 A.2d at 25 -26 (quoting Gagnon v. Scarpelli, 411 U.S. 778, 790 (1973)).

12021–2021
Commonwealth v. Metz green
pa · 1993
2 sentences

2020Without speaking to the merit of such a claim, we note that this Court is limited to the issue as it was framed in the petition for allowance of appeal, see Pa.R.A.P. 1115(a)(3); Commonwealth v. Metz, 534 Pa. 341 , 347 n.4, 633 A.2d 125 , 127 n.4 (1993) (citing Commonwealth v. Milyak, 508 Pa. 2 , 5 n.3, 493 A.2d 1346 , 1348 n.3 (1985)), and Southwestern has not articulated any reason an exception should be made in the present dispute.

2020Without speaking to the merit of such a claim, we note that this Court is limited to the issue as it was framed in the petition for allowance of appeal, see Pa.R.A.P. 1115(a)(3); Commonwealth v. Metz, 534 Pa. 341 , 347 n.4, 633 A.2d 125 , 127 n.4 (1993) (citing Commonwealth v. Milyak, 508 Pa. 2 , 5 n.3, 493 A.2d 1346 , 1348 n.3 (1985)), and Southwestern has not articulated any reason an exception should be made in the present dispute.

12020–2020
Commonwealth v. Milyak green
pa · 1985
2 sentences

2020Without speaking to the merit of such a claim, we note that this Court is limited to the issue as it was framed in the petition for allowance of appeal, see Pa.R.A.P. 1115(a)(3); Commonwealth v. Metz, 534 Pa. 341 , 347 n.4, 633 A.2d 125 , 127 n.4 (1993) (citing Commonwealth v. Milyak, 508 Pa. 2 , 5 n.3, 493 A.2d 1346 , 1348 n.3 (1985)), and Southwestern has not articulated any reason an exception should be made in the present dispute.

2020Without speaking to the merit of such a claim, we note that this Court is limited to the issue as it was framed in the petition for allowance of appeal, see Pa.R.A.P. 1115(a)(3); Commonwealth v. Metz, 534 Pa. 341 , 347 n.4, 633 A.2d 125 , 127 n.4 (1993) (citing Commonwealth v. Milyak, 508 Pa. 2 , 5 n.3, 493 A.2d 1346 , 1348 n.3 (1985)), and Southwestern has not articulated any reason an exception should be made in the present dispute.

12020–2020
Commonwealth v. Robinson green
pa · 2005
1 sentence

2017See Laird, supra at 978 ; Robinson, supra at 439 .

12017–2017
Commonwealth v. Abu-Jamal green
pa · 2008
1 sentence

2017See Appellant’s Brief at 9-10; Abu Jamal, supra. Rather, as the PCRA court notes, and Appellant concedes, the storyboards contained only pictures of the various co- defendants—information known to Appellant before his original trial in 1980.

12017–2017
Commonwealth v. Faust green
pasuperct · 1984
1 sentence

2016See Moore, supra at 1366 ; Faust, supra at 1266 .

12016–2016
Commonwealth v. Seskey green
pasuperct · 2014
1 sentence

2016Nevertheless, we do not reach this level of merit analysis since Appellant does not meet an applicable timeliness exception. -7- J-S29012-16 noted, “[t]hough not technically waivable, a legality [of sentence] claim may nevertheless be lost should it be raised ... in an untimely PCRA petition for which no time-bar exception applies, thus depriving the court of jurisdiction over the claim.” [Commonwealth v.] Seskey, [ 86 A.3d 237 ,] 242 [(Pa. Super. 2014)].

12016–2016
Commonwealth v. Franklin green
pasuperct · 2003
1 sentence

2015This Court further noted in Franklin that “counsel’s failure [i]s not overcome by the lower court’s review of the [issue raised in the] original appeal.” Id.

12015–2015
Nationwide Mutual Insurance v. Walter green
pasuperct · 1981
12014–2014
McAndrew v. Donegal Mutual Insurance green
pactcompllackaw · 2002
1 sentence

2014McAndrew, 56 Pa. D. & C. 4th at 9 (quoting Pa. R.C.P. 4003.3).

12014–2014
Commonwealth v. Bridges green
pa · 2005
12006–2006
Commonwealth v. Travaglia green
pa · 1995
12005–2005
Commonwealth v. McNeil green
pa · 1996
11999–1999
Commonwealth v. Courts green
pa · 1983
11998–1998
Commonwealth v. Turner green
pa · 1988
11991–1991
Commonwealth v. Butler green
pa · 1972
11974–1974
Babcock v. Jackson green
ny · 1963
11964–1964
Estate of Graves neutral
pa · 1890
11935–1935
Stebbins v. County of Crawford green
· 1879
11926–1926
Kiskaddon v. Dodds neutral
pasuperct · 1902
11926–1926
Investors Realty Co. v. City of Harrisburg neutral
pasuperct · 1923
11926–1926

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (9) PA § 42 Pa. Cons. Stat. § 9541 (5) PA § 42 Pa. Cons. Stat. § 9711 (5) PA § 42 Pa. Cons. Stat. § 9544 (4) PA § 18 Pa. Cons. Stat. § 2502 (3) PA § 18 Pa. Cons. Stat. § 907 (3)

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 255 (1925–2026) NY 148 (1927–2026) PA 43 (1926–2026) TX 19 (1934–2025) FL 19 (1961–2025) IL 12 (1948–2003) SC 12 (1999–2020) OH 10 (1976–2013) LA 10 (1927–2025) NC 10 (1928–2026) MI 8 (1945–2011) OK 7 (1964–2013) HI 7 (1983–2025) CT 7 (1971–2000) AL 7 (1913–2022) MD 5 (1940–2010) AR 5 (2009–2015) IA 4 (1968–2013) NJ 4 (1956–2026) AK 4 (1992–2004) NV 4 (1978–2022) ND 4 (1972–1998) KY 4 (1936–2012) GA 4 (2003–2021) MA 3 (1966–2007) IN 3 (1980–1983) WA 3 (2004–2020) DE 3 (1980–2014) AZ 3 (1968–2015) MO 3 (1984–2013) KS 2 (1923–2017) CO 2 (1976–1986) PR 2 (1967–1970) TN 2 (2003–2021) OR 2 (1967–2025)

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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