Topic: this court is endowed with the ability to consider an issue… · Go Syfert
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Topic #5397

5 canonical passages across 4 cases, quoted by 63 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. Orellana.

#Case FlagCanonical passage Citers
1 Commonwealth v. Orellana Anchor
pasuperct · 2014
green “this court is endowed with the ability to consider an issue of illegality of sentence sua sponte.” 15
2 Commonwealth v. BOROVICHKA
pasuperct · 2011
green “a challenge to the legality of a sentence ... may be entertained as long as the reviewing court has jurisdiction.” 14
3 Commonwealth v. Phillips
pasuperct · 2011
green “for purposes of subsection (iii), the language 'has been held by that court to apply retroactively' means the court announcing the rule must have also ruled on the retroactivity of the new constitutional right, before the petitioner can assert retroactive application of the righ…” 13
4 Commonwealth v. Seskey
pasuperct · 2014
green “though 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.” 11

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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