Topic: we emphasize that it is the petitioner who bears the burden… · Go Syfert
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Topic #1152

7 canonical passages across 7 cases, quoted by 225 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Commonwealth v. Marshall.

#Case FlagCanonical passage Citers
1 Commonwealth v. Marshall Anchor
pa · 2008
green “we emphasize that it is the petitioner who bears the burden to allege and prove that one of the timeliness exceptions applies.” 67
2 Commonwealth v. Monaco
pasuperct · 2010
green “at the conclusion of direct review, including discretionary review in the supreme court of the united states and the supreme court of pennsylvania, or at the expiration of time for seeking the review.” 59
3 Commonwealth v. Wojtaszek
pasuperct · 2008
green “our standard of review of the denial of pcra relief is clear; we are limited to determining whether the pcra court's findings are supported by the record and without legal error.” 42
4 Commonwealth v. Gamboa-Taylor
pa · 2000
green “as such, when a pcra petition is not filed within one year of the expiration of direct review, or not eligible for one of the three limited exceptions, or entitled to one of the exceptions, but not filed within 60 days of the date that the claim could have been first brought, th…” 30
5 Commonwealth v. Bretz
pasuperct · 2003
green “including a second or subsequent petition, shall be filed within one year of the date the judgment becomes final.” 11
6 Commonwealth v. Grafton
pasuperct · 2007
green “even claims that a sentence was illegal, an issue deemed incapable of being waived, are not beyond the jurisdictional time restrictions.” 10
7 Commonwealth v. Geer
pasuperct · 2007
green “to invoke an exception, the petitioner must plead it and satisfy the burden of proof.” 6

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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