Commonwealth v. Marshall

Supreme Court of Pennsylvania

Decided November 22, 2002

Supreme Court of Pennsylvania · decided 2002-11-22

Relies on Commonwealth v. Pierce · In re Jones · Commonwealth v. Albrecht

Good law ✅— No negative treatment on recordhow we know

Decided 2002-11-22

How this case has been cited

Cited by 32 later decisions (2 by the Supreme Court) — most recently February 2018 · most notably Holloway v. Horn (2004), Thomas v. Horn (2009)

5 federal appellate · 25 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Justice CAPPY,

¶1concurring.

¶2I cannot join the majority opinion to the extent that it reviews Appellant’s arguments as claims of trial court error. Appellant presents some of his claims in terms of trial court error and the majority opinion addresses those claims in kind. I cannot join the merits analysis as to those claims, since Appellant failed to comply with the Pierce1 standard of ineffectiveness and thus, such claims are waived. See, e.g., Commonwealth v. Albrecht, 554 Pa. 31, 720 A.2d 693 (1998)(eliminating relaxed waiver in capital cases for purposes of collateral review).

¶3In all other respects, I join the majority opinion.

¶4. Commonwealth v. Pierce, 515 Pa. 153, 527 A.2d 973 (1987).